PEOPLE v. PESCARA

1391 KA 11-02609.

162 A.D.3d 1772 (2018)

79 N.Y.S.3d 827

2018 NY Slip Op 04927

The People of the State of New York, Respondent, v. Scott L. Pescara, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 29, 2018.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on counts one, three and five of the indictment.

Memorandum: On appeal from a judgment convicting him following a jury trial of attempted aggravated assault upon a police officer or a peace officer (Penal Law §§ 110.00, 120.11), assault in the second degree (§ 120.05 [2]), and reckless endangerment in the first degree (§ 120.25...

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