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PEOPLE v. MOYER

27 N.Y.2d 252 (1970)

The People of the State of New York, Appellant, v. Donald Moyer, Respondent.

Court of Appeals of the State of New York.

Decided November 19, 1970.

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (B. Anthony Morosco and Andrew J. Natale, Jr. of counsel), for appellant.

Terence J. Smyth for respondent.

Judges BURKE, BERGAN and GIBSON concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to reverse in a separate opinion in which Judges BREITEL and JASEN concur.

Chief Judge FULD.

Charged with assault in the third degree (Penal Law, § 120.00) — in that he struck a police officer with intent to cause him injury — the defendant was convicted of harassment (Penal Law, § 240.25), following the trial judge's instruction to the jurors that they might bring in a verdict adjudging him guilty of "the lesser offense of harassment". Upon appeal, the Appellate...

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