People v. Everett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: On appeal from a judgment convicting him following a jury trial of, inter alia, assault in the second degree (Penal Law § 120.05 [3]), defendant contends that the evidence is legally insufficient to support the assault conviction. We agree. Pursuant to Penal Law § 120.05 (3), “[a] person is guilty of assault in the second degree when . . . , [w]ith intent to prevent ... a police officer . . . from performing a lawful duty . . . , he or she causes physical injury to such . . . police officer . . . .” Here, an officer was injured while he was attempting to pat down defendant after…
2Cases cited7 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- Michigan v. LongSupreme Court of the United States · 1983
- People v. TorresNew York Court of Appeals · 1989
- People v. BatistaNew York Court of Appeals · 1996
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