Defendant's conviction arises out of his assault upon a court security officer at the Schenectady County Courthouse on May 30, 1996. An essential element of the crime for which he was convicted, assault in the second degree in violation of Penal Law § 120.05 (3), was that the victim be a "peace officer" as defined in CPL 2.10. On appeal, defendant contends that County Court abused its discretion...
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