Majority
p. 909The People of the State of New York, Respondent, v. Philip L. Stewart, Appellant.
Judgment unanimously reversed on the law and facts and a new trial granted. Same memorandum as in People v. Stewart ( 37 A D 2d 908 ) decided herewith. (Appeal from judgment of Monroe County Court convicting defendant of obstructing governmental administration and assault, second degree.) Present — Del Veechio, J. P., Marsh, Gabrielli, Moule and Cardamone, JJ.