Legal Opinion

People v. Dowdell

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 2015Published

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), rendered December 5, 2011. The judgment convicted defendant, upon a jury verdict, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: Defendant was convicted following a jury trial of assault in the second degree (Penal Law § 120.05 [3]) for causing physical injury to a police officer who attempted to arrest him on a parole warrant inside a crowded bar. The arresting officer broke a bone in his hand…

2Cases cited9 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. AllweissNew York Court of Appeals · 1979
  3. People v. MelendezNew York Court of Appeals · 1982
  4. People v. ToscaNew York Court of Appeals · 2002
  5. People v. MorrisNew York Court of Appeals · 2013

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