63 A.D.2d 734 | N.Y. App. Div. | 1978
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 1, 1977, convicting him of resisting arrest, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. As a result of an altercation in a Queens diner at 3:00 a.m. on February 10, 1975 between defendant and Albert Gelb, a court officer, the former was