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PEOPLE v. FOSTER

187 A.D.2d 401 (1992)

The People of the State of New York, Respondent, v. Tyrone Foster, Appellant

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

November 24, 1992

The People's evidence proved beyond a reasonable doubt that defendant assaulted the police officer. Having observed defendant at the time of the attempted robbery and during the pursuit, the arresting officer was in a position to conclude that defendant was not carrying a weapon in his hands and that, therefore, there was no need for the officer to draw his own weapon when effectuating the arrest. The officer testified that his...

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