Judgment reversed, on the law, and new trial ordered. The findings of fact below are affirmed.
Defendant was convicted of assaulting a police officer while resisting lawful apprehension in violation of subdivision 5 of section 242 of the former Penal Law. The prosecution was permitted to introduce into evidence, over objection, a butcher knife with a nine-inch blade which had been taken from defendant during a scuffle with the police. Defendant was not charged with...
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