People v. Falk

Judgment unanimously modified on the law and as modified affirmed and new trial granted on count seven of the indictment. Memorandum: Defendant was convicted of resisting arrest, DWAI, and various violations following a jury trial. The police witnesses called by the People testified that defendant began to fight with the officer who was attempting to arrest him and it took several officers to subdue defendant. Defendant testified, on the other hand, that he submitted to arrest passively, but the arresting officers punched him, hit him with nightsticks, and repeatedly pushed his face into his…