Judgment of conviction reversed on the law and facts and a new trial granted.
Memorandum:
The defendant-appellant was convicted of assault in the second degree upon a State Trooper, under subdivision 5 of section 242 of the Penal Law. Specifically, the appellant was accused of striking the officer with his fist, with the intent to prevent or resist — the lawful apprehension or detention of himself. In order to convict the defendant of the crime charged...
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