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PEOPLE v. DREARES

15 A.D.2d 204 (1961)

The People of the State of New York, Respondent, v. Albert Dreares, Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 7, 1961.

Attorney(s) appearing for the Case

Stanley Hendricks for appellant.

Frederick J. Murphy of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondent.

RABIN, McNALLY, STEVENS and BERGAN, JJ., concur.

BREITEL, J. P.

Defendant was convicted of assault in the third degree (Penal Law, § 244), after trial in the Court of Special Sessions. The prosecution resulted from his having violently resisted arrest by Transit Authority police upon a charge of loitering in a subway station (Penal Law, § 1990-a, subd. 2), a charge of which defendant was later acquitted.

The subway station in question is an...

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