People v. Knapp

Bergan, P. J. (dissenting).

We have here a conviction for a felonious assault on a police officer under subdivision 5 of section 242 of the Penal Law, with the use of a motor vehicle without any physical injury to the officer; and, indeed, without any physical contact with his body.

An imminent possibility of injury, coupled with a willful intent by the accused to inflict injury, can constitute an assault (Liebstadter v. Federgreen, 80 Hun 245); but it is essential that there be a “ reasonable apprehension of receiving an immediate battery ” (People v. Wood, 10 A D 2d 231, 236; State v. Barry,…