People v. Thomson — 62 Misc. 2d 837

Majority

p. 837

The People of the State of New York, Respondent, v. Neale M. Thomson, Appellant.

Supreme Court, Appellate Term, Second Department,

December 11, 1968.

William G. Kerwick for appellant. William Cahn, District Attorney (William J. Corbett of counsel), for respondent.

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.

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

Judgment affirmed in part and reversed in part.