People v. Baez

Judgment, Supreme Court, New York County (Blangiardo, J.), rendered July 31, 1984, convicting defendant, upon a jury verdict, of assault in the second degree and sentencing him to 2 Vi to 5 years’ imprisonment, reversed, on the law, and a new trial ordered.

The evidence presented contradictory versions of an altercation between defendant, an inmate at the Manhattan House of Detention, and a guard, Officer Lannause. It occurred during an inmate count. According to the prosecution, Lannause, while summoning inmates to come downstairs for the count, heard defendant urge others in Spanish not to…