People v. Young

Valente, J. (dissenting).

We are concerned on this appeal with a judgment convicting defendant of the crime of assault in the third degree in violation of subdivision 1 of section 244 of the Penal Law. The defendant assaulted a plain-clothes police officer, while the latter was attempting to effect a lawful and proper arrest of another. We are to determine whether the defendant’s ignorance of the officer’s police status and his erroneous belief that the detective was a civilian committing an unjustified assault upon the other person—who was a complete stranger to the defendant — excuses the…