Judgment unanimously reversed on the law and facts and a new trial granted.
Memorandum:
Defendant appeals from a judgment convicting him of the crime of assault second degree, in violation of subdivision 5 of section 242 of the Penal Law, on the ground that he assaulted a police officer. Defendant claims that the assault was an effort to prevent his unlawful apprehension. He was arrested in a tavern after he interrupted a conversation between the arresting...
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