People v. Cleary

The defendant in the above-entitled matter is charged with a violation of subdivision 1 of section 722 of the Penal Law. The allegations are to the effect that on August 21,1943, defendant “ did act in such manner as to cause a breach of the peace of whereby a breach of the peace may be occasioned by assaulting the deponent, a police officer in uniform at the ■ time in the vicinity of 610 State Street, at about 9:00 p. m. ”

Assaulting a, police officer has been held to constitute disorderly conduct. (People v. Tepperman [1934], 151 Misc. 810.)

Defendant has served a written demand for a jury…