People v. Ryback

These defendants appeal here from a unanimous affirmance by the Appellate Division, First Department, of judgments of the Court of General Sessions, entered after a joint trial before a jury, convicting each defendant of assault in the third degree. Each defendant argues that the indictment against him, which contained one count of second degree assault and one count of third degree assault, should have been dismissed because, according to defendants, the order removing the actions from Special Sessions to General Sessions for prosecution by indictment authorized only an indictment for the…