People v. Daniels

The defendant Norman Daniels appeals from a judgment of the Supreme Court, Erie County, convicting him of the crime of assault, third degree.

The appellant and his brother, James H. Daniels, were indicted in an eight-count indictment, all eight counts charging assault in the second degree. All charges arose out of a fight with three Buffalo police officers which occurred in the early morning of October 10, 1953.

Counts one, two and seven charged violation of subdivision 5 of section 242 of the Penal Law, viz., assault in the second degree ‘ ‘ with intent * * * to prevent or resist * * * the…