People v. Foster

Order, Supreme Court, Bronx County (Joseph Fisch, J.), entered December 3, 1999, which granted defendant’s motion to dismiss an indictment charging him with two counts of assault in the second degree and one count each of assault in the third degree and obstructing governmental administration in the second degree, unanimously reversed, on the law, and the indictment reinstated.

This action arises out of an altercation between defendant and Correction Officer Barry Pankey, which occurred while defendant was being transferred from his cell to the courtroom in the Bronx Criminal Court building. A…