PEOPLE v. MITCHELL


64 A.D.2d 1012 (1978)

The People of the State of New York, Appellant, v. Robert Mitchell, Respondent

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

September 22, 1978


Order unanimously reversed and indictment reinstated.

Memorandum:

The defendant was charged with multiple crimes resulting from an incident during which he became intoxicated and fired a pistol several times in a public bar. In attempting to subdue defendant and avoid personal injury, a police officer shot and seriously injured defendant with the result that he is partially paralyzed. That unfortunate circumstance, however, coupled with the requirement that...

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