Late in the evening of August 6, 1973 Officers Collins and Hancock of the Elmira Police Department responded to a call. When they arrived at their destination, they were confronted by defendant who, Officer Hancock testified, took out a gun and threatened to kill him. Help was summoned, the defendant subsequently disposed of the gun and surrendered. When the officer attempted to handcuff him, however, he resisted by kicking, swearing and spitting at the officers and a struggle...
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