People v. Moyer

Chief Judge Fuld.

Charged with assault in the third degree (Penal Law, § 120.00) —in that he struck a police officer with intent to cause him injury — the defendant was convicted of harassment (Penal Law, § 240.25), following the trial judge’s instruction to the jurors that they might bring in a verdict adjudging him guilty of ‘ ‘ the lesser offense of harassment ’ ’. Upon appeal, the Appellate Term reversed the conviction and dismissed the information on the ground that harassment may not be deemed a lesser included offense of the crime of assault.1 We agree with that determination.

We start…