PEOPLE v. CLARKE


40 A.D.2d 983 (1972)

The People of the State of New York, Appellant, v. John Clarke, Also Known as Napoleon Clarke, Respondent

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

December 4, 1972


Order modified, on the law, by striking therefrom the second decretal paragraph and substituting therefore a provision denying the motion to dismiss the indictment. As so modified, order affirmed.

The evidence before the Grand Jury establishes a prima facie case of assault in the second degree for an attack committed upon a police officer after defendant had been arrested following the commission of a...

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