People v. Dority

Appeal from judgment of the County Court, St. Lawrence County, convicting the defendant of the crime of assault in the second degree. The defendant was indicted for assault in the second degree in violation of subdivision 5 of section 242 of the Penal Law, in two counts, the first count charging that the defendant had assaulted certain police officers at a restaurant in the city of Ogdensburg “with intent to prevent and resist his lawful apprehension and detention ” by the police officers and the second count charging that he had committed a similar assault upon one of the police officers at…