PEOPLE v. GAVIN


24 A.D.2d 656 (1965)

The People of the State of New York, Respondent, v. Lawton Gavin, Sr., Appellant

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

July 8, 1965


REYNOLDS, J.

Appellant has been convicted of assaulting a police officer engaged in the process of lawfully apprehending him. He asserts here that his conviction is against the weight of the evidence and that the requisite criminal intent was not established. We cannot agree. The case was submitted to the jury with a proper charge as to the burden on the People to prove both the commission of the assault and the existence of the necessary general and...

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