People v. Lewis

Judgment of conviction unanimously reversed on the law and facts and a new trial granted. Memorandum: The defendants were convicted of the crime of assault, second degree, upon the ground that they had assaulted a police officer with the intent to prevent and to resist their lawful apprehension. The underlying offense for which the arrest was alleged to have been undertaken was that of disorderly conduct. The court charged that the officer’s right to make the arrest depended upon a finding that the defendants had committed a “breach of the peace”. By this, the trial court apparently meant the…