People v. Swerdlow

Breitel, J. P. (dissenting).

At the conclusion of the first trial of defendant in the Court of Special Sessions a verdict of guilty was rendered on the misdemeanor charge of assault in the third degree (Penal Law, § 244, subd. 1) arising out of an alleged attempt to resist a lawful arrest. Defendant, before sentence, moved on notice and an affidavit “ for an order in arrest of judgment and setting aside the verdict of guilty ”. The supporting affidavit argued that the verdict was inconsistent with the facts and law ’ ’ because the charge of littering, upon which the defendant had been…