People v. Caracciola

Order, Supreme Court, New York County (Alfred H. Kleiman, J.), entered June 16, 1989, which dismissed the indictment charging defendant with official misconduct in violation of Penal Law § 195.00, affirmed.

This is a case in which a police sergeant is alleged to have used excessive force against persons uninvolved in a street demonstration near Tompkins Square Park in lower Manhattan, causing physical injuries to one victim. The Grand Jury failed to return a true bill on alternative theories of assault in *756the third degree, i.e., intentionally or recklessly causing physical injury (see, Penal…