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PEOPLE v. JOHNSON

148 A.D.2d 940 (1989)

The People of the State of New York, Respondent, v. Faye Johnson, Appellant

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

March 10, 1989

Judgment affirmed.

Memorandum:

Since the bail process had not been completed, the desk officer properly exercised his discretion in not releasing defendant based upon defendant's belligerent and insolent behavior. Additionally, the evidence amply supports defendant's conviction of second degree assault (Penal Law § 120.05 [3]). The police officer who was injured was performing a lawful duty (see, People ex rel. Gray v Tekben,

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