People v. Young

Whether one, who in good faith aggressively intervenes in a struggle between another person and a police officer in civilian dress attempting to effect the lawful arrest of the third person, may be properly convicted of assault in the third degree is a question of law of first impression here.

*275The opinions in the court below in the absence of precedents in this State carefully expound the opposing views found in other jurisdictions. The majority in the Appellate Division have adopted the minority rule in the other States that one who intervenes in a struggle between strangers under the…