People v. Henry

Appeal by defendant from a judgment of the County Court, Dutchess County, rendered January 8, 1968, convicting him of assault in the second degree, upon a jury verdict, and sentencing him to 2% to 5 years, as a second felony offender. Judgment reversed, on the law, and new trial ordered. The findings of fact below are affirmed. Defendant was convicted of assaulting a police officer while resisting lawful apprehension in violation of subdivision 5 of section 242 of the former Penal Law. The prosecution was permitted to introduce into evidence, over objection, a butcher knife with a nine-inch…