People v. Massey

Judgment unanimously reversed, on the law, and indictment dismissed without prejudice to the People re-presenting any appropriate charges to another Grand Jury. Memorandum: In April of 1976 defendant was indicted on two counts of burglary in the first degree and one count of assault in the second degree. A jury found defendant not guilty on both burglary counts and not guilty of assault in the second degree or the lesser included charge of assault in the third degree. The jury could not reach a verdict on the lesser included charge of burglary in the second degree. Defendant was subsequently…