People v. Cain

—Judgment unanimously reversed on the law and new trial granted. Memorandum: On appeal from a judgment convicting him of assault in the second and third degrees and resisting arrest, defendant contends that County Court erred in denying his request to charge the jury on the defense of justification. We agree. Defendant’s conviction is the result of an altercation with a *789part-time police officer employed by the Village of Barker. The officer, dressed in civilian clothing, drove his private vehicle into defendant’s driveway and approached defendant. Defendant testified that the officer did not…