People v. Warren

— Judgment unanimously reversed on the law and new trial granted, in accordance with the following memorandum: Defendant moved, pursuant to CPL 170.25, for an order directing the District Attorney to prosecute the charges against him by indictment. Thereafter, defendant was indicted on misdemeanor charges of obstructing governmental administration and resisting arrest arising out of an incident on January 11, 1983. Defendant, over his objection, was subsequently tried and convicted of both misdemeanor counts before a six-person jury. Defendant now contends that he was denied his…