People v. Clarke

Appellate Division of the Supreme Court of New York

People v. Clarke

40 A.D.2d 983, 337 N.Y.S.2d 1005, 1972 N.Y. App. Div. LEXIS 3200

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 4, 1972

StatusPublished

This text of 40 A.D.2d 983 (People v. Clarke) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Clarke, 40 A.D.2d 983, 337 N.Y.S.2d 1005, 1972 N.Y. App. Div. LEXIS 3200 (N.Y. Ct. App. 1972).

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Opinion

Appeal by the People from an order of the Supreme Court/ Kings County, entered November 3, 1971, which (1) granted defendant’s motion for reargument of his prior motion inter alia to dismiss the two-count indictment and, (2) on reargument, granted said prior motion to dismiss as to the first count, which charged assault in the second degree. Order modified, on the law, by striking therefrom the second decretal paragraph and substituting therefore a provision denying the motion to dismiss the indictment. As so modified, order affirmed. The evidence before; the Grand Jury establishes a prima facie case of assault in the second degree for an attack committed upon a police officer after defendant had been arrested following the commission of a prior assault. Rabin, P. J., Hopkins, Munder, Martuscello and Shapiro, JJ., concur.

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Appeal by the People from an order of the Supreme Court/ Kings County, entered November 3, 1971, which (1) granted defendant’s motion for reargument of his prior motion inter alia to dismiss the two-count indictment and, (2) on reargument, granted said prior motion to dismiss as to the first count, which charged assault in the second degree. Order modified, on the law, by striking therefrom the second decretal paragraph and substituting therefore a provision denying the motion to dismiss the indictment. As so modified, order affirmed. The evidence before; the Grand Jury establishes a prima facie case of assault in the second degree for an attack committed upon a police officer after defendant had been arrested following the commission of a prior assault. Rabin, P. J., Hopkins, Munder, Martuscello and Shapiro, JJ., concur.

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Bluebook (online)

40 A.D.2d 983, 337 N.Y.S.2d 1005, 1972 N.Y. App. Div. LEXIS 3200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clarke-nyappdiv-1972.