PEOPLE v. SMITH


50 A.D.2d 670 (1975)

The People of the State of New York, Respondent, v. Alton D. Smith, Appellant

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

November 20, 1975


Two police officers testified that on November 1, 1973 at about 10:00 P.M., one of them exhibited his badge to the defendant and said something like, "police, we just want to talk to you". The defendant testified that he heard someone shout a racial slur at him and was thereupon attacked by two men, neither of whom identified himself as a police officer. In any event, it was well established that a fight ensued during the course of which the defendant caused the police officers...

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