People v. Johnson

Judgment of the Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered on December 12, 1984, convicting defendant, following a bench trial, of assault in the first degree and sentencing him to an indeterminate term of imprisonment of from 5 to 15 years, is unanimously reversed on the law and the indictment dismissed.

On August 10, 1983, at approximately 5:00 a.m., the complainant, a mechanical engineering student working part time as a taxi driver, was hailed by defendant and two other males. After the three men got into the back seat of the partitionless vehicle, the complainant…