PEOPLE v. VOGEL


116 Misc.2d 332 (1982)

The People of the State of New York, Respondent, v. David Vogel, Appellant.

Supreme Court, Appellate Term, Second Department.

August 4, 1982


Attorney(s) appearing for the Case

Ladanyi & Croll (Robert A. Ladanyi of counsel), for appellant. Carl A. Vergari, District Attorney (Richard E. Weill, Gerald D. Reilly and Kevin S. Finnegan of counsel), for respondent.

FARLEY, P. J., SLIFKIN and WIDLITZ, JJ., concur.


MEMORANDUM.

Judgment unanimously reversed, on the law, and new trial ordered.

Defendant was charged with obstructing governmental administration for attempting to free his brother from a police car after his brother had been arrested. At trial, defendant requested a jury instruction to the effect that he could not be convicted unless the jury found that the arrest of his brother was authorized. Such an instruction was not given.

In our view, the court...

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