People v. Gerhath

Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered February 2, 1979, convicting him of attempted assault in the third degree, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, indictment dismissed and the case is remitted to Supreme Court, Suffolk County, for entry of an order in its discretion pursuant to CPL 160.50. The defendant, an anesthesiologist, was indicted for the crime of assault in the second degree. The charge grew out of an incident at Central Suffolk Hospital involving a patient, Mary Robarge, who had entered the…