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People v. Praetz

115 A.D.2d 624 Court N.Y. App. Div. Decision date 1985-12-16 English

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p. 624
The People of the State of New York, Respondent, v Gerard William Praetz, Appellant.

Appeal by defendant from a judgment of the County Court, Dutchess County (Aid-rich, J.), rendered December 8, 1981, convicting him of assault in the second degree (two counts), and resisting arrest, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant’s claims of ineffective assistance of counsel do not warrant reversal since neither inadequacy nor ineffectiveness was demonstrated; nor could defense counsel be described as lacking reasonable competence (see, People v Baldi, 54 NY2d 137 ). Moreover, the trial court did not err in refusing to charge the jury with assault in the third degree as a lesser

p. 625
included offense since assault in the second degree pursuant to Penal Law § 120.05 (3) requires proof only of an intent to prevent a peace officer from performing a lawful duty and does not require proof of intent to cause physical injury, an essential element of assault in the third degree (People ex rel. Gray v Tekben, 57 NY2d 651 , affg 86 AD2d 176 ; People v Lett, 67 AD2d 1077 ). Brown, J. P., Rubin, Lawrence and Kooper, JJ., concur.

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