PEOPLE v. HENDERSON


257 A.D.2d 213 (1999)

694 N.Y.S.2d 191

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JERMAINE HENDERSON, Respondent.

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

July 8, 1999.


Attorney(s) appearing for the Case

Sol Greenberg, District Attorney, Albany (Christopher D. Horn of counsel), for appellant.

E. Stewart Jones, Jr., Troy (Peter J. Moschetti, Jr., of counsel), for respondent.

MERCURE, J. P., PETERS, SPAIN and GRAFFEO, JJ., concur.


OPINION OF THE COURT

CARPINELLO, J.

In the early morning hours of October 31, 1997, defendant was in an altercation with off-duty Police Officer William Bonanni while the two were patronizing the Partridge Pub, a bar in the City of Albany. As noted by this Court in a related case, there is no dispute that Bonanni, along with off-duty Police Officer Sean McKenna who was also present, assisted in subduing defendant, who was arrested and placed in handcuffs...

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