67 A.D.2d 893 | N.Y. App. Div. | 1979
— Judgment, Supreme Court, Bronx County, rendered January 11, 1978, convicting defendant of assault in the second degree, and sentencing him thereupon to a term of three and one-half to seven years, unanimously reversed, on the law, and the matter remanded for a new trial. Defendant was charged with two counts of assault and a related charge of possession of a dangerous weapon, as a misdemeanor. The charges arose out of a Riker’s Island incident in which defendant, an inmate, allegedly struck a correction officer attempting to restrain him from leaving his cell without authorization. According to the People, defendant struck the officer in the face with a food tray, and then punched him in the chest and shoulder. Count No. 1 of which defendant was ultimately acquitted, charged him with assault in the second degree predicated upon an intent to prevent a peace