Defendant was sentenced to one year in the Chemung County Jail. There is no merit to appellant's contentions that the prosecution failed to prove beyond a reasonable doubt that he intended to prevent Lieutenant Wilmot from performing a lawful duty, and that he caused physical injury to the officer. The required intent of subdivision 3 of section 120.05 of the Penal Law is that the defendant intend to prevent a peace officer from performing a lawful duty. The evidence in the...
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