People v. Pitcher

Judgment of conviction reversed on the law and facts and a new trial granted. Memorandum: The defendant-appellant was convicted of assault in the second degree upon a State Trooper, under subdivision 5 of section 242 of the Penal Law. Specifically, the appellant was accused of striking the officer with his fist, with the intent to prevent or resist — the lawful apprehension or detention of himself. In order to convict the defendant of the crime charged, the burden was upon the People to prove beyond a reasonable doubt that the defendant was lawfully apprehended or detained. It was defendant’s…