People v. Berg

— Appeals by defendants from two judgments (one as to each of them) of the Supreme Court, Kings County (Pizzuto, J.), both rendered May 14,1981, convicting each of them of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentences. Judgments reversed, on the law, and new trial ordered. The facts upon which the judgments are based have been considered and are determined to have been established. The record reveals that in the early morning of November 5, 1978, Police Officer Frank Fitzgerald was driving on Second Avenue in…