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PEOPLE v. BUENO

No. 187.

18 N.Y.3d 160 (2011)

960 N.E.2d 405

936 N.Y.S.2d 636

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTIAN BUENO, Appellant.

Court of Appeals of New York.

Decided November 21, 2011.

Attorney(s) appearing for the Case

Denise A. Corsi and Lynn W.L. Fahey for appellant.

Rhea A. Grob and Leonard Joblove for respondent.

Judges CIPARICK, GRAFFEO, PIGOTT and JONES concur with Judge READ; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

READ, J.

The issue in this appeal is whether the evidence adduced at trial was legally sufficient to establish that defendant Christian Bueno acted "[w]ith intent to prevent" an emergency medical technician (EMT) "from performing a lawful duty" when he caused an EMT to suffer physical injury (see Penal Law § 120.05 [3]). As the uniformed EMT was climbing into the driver's side of...

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