People v. Carneglia

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 1, 1977, convicting him of resisting arrest, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. As a result of an altercation in a Queens diner at 3:00 a.m. on February 10, 1975 between defendant and Albert Gelb, a court officer, the former was *735indicted for the crimes of criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [4]), and resisting arrest (Penal Law, § 205.30). Gelb was not in uniform at the time of the altercation. The…