Per Curiam.
Defendant was entitled to a trial by jury on a charge of resisting arrest (Penal Law, § 205.30). It was error to reduce the charge, on the People's motion, to a hypothetical charge of attempted resisting arrest (Penal Law, §§ 110.00, 205.30) which deprived him of the right to a jury, in violation of due process of law. The conviction on the reduced charge should therefore, be reversed.
Inasmuch as the sentence imposed a period...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
