People v. Hackley

Judgment rendered March 26, 1962 convicting defendant of assault in the second degree (Penal Law, § 242) and injury to property as a misdemeanor (Penal Law § 1433) reversed on the law only, the verdict vacated, and the indictment dismissed. The assault count may stand only if the officer, Morreale, was making a lawful arrest either for assault or disorderly conduct under the law applicable in 1961. He was not, because there was no showing that defendant was guilty of aggression or excessive force in his altercation with the soldier. Indeed, nothing, except from defendant’s exculpatory…