Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant became involved in a physical altercation with several police officers when he allegedly attempted to prevent them from issuing a desk appearance ticket to another individual. The defendant was thereafter charged with assault in the second degree pursuant to Penal Law § 120.05 (3), i.e., he was charged with intentionally preventing a police officer from performing a lawful...
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