Judgment rendered March 26, 1962 convicting defendant of assault in the second degree (Penal Law, § 242) and injury to property as a misdemeanor (Penal Law § 1433) reversed on the law only, the verdict vacated, and the indictment dismissed.
The assault count may stand only if the officer, Morreale, was making a lawful arrest either for assault or disorderly conduct under the law applicable in 1961. He was not, because there was no showing that defendant...
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