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PEOPLE STATE NEW YORK v. NEALE M. THOMSON (12/11/68)

NEW YORK SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT


December 11, 1968

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
NEALE M. THOMSON, APPELLANT

Appeal from a judgment of the District Court of Nassau County (Francis J. Donovan, J.), rendered February 26, 1968, upon a verdict convicting defendant of harassment and resisting arrest. At the close of the People's case, the court dismissed the charge of disorderly conduct. The jury found the defendant not guilty of the charge of assault in the third degree.

Concur -- Hogan, P. J., Gulotta and Glickman, JJ.

Author: Per Curiam

There is no evidence in the record to indicate that the defendant was either under arrest or in the process of being arrested at the time of the altercation with the police officer. Under the circumstances, the People failed to establish beyond a reasonable doubt that the defendant intentionally prevented or attempted to prevent the officer from effecting an authorized arrest.

The judgment of conviction on the charge of harassment should be affirmed. Judgment of conviction on the charge of resisting arrest should be reversed on the law and facts and said count dismissed.

Judgment affirmed in part and reversed in part.

Disposition

Judgment affirmed in part and reversed in part.

19681211

© 1998 VersusLaw Inc.



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