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PEOPLE v. YOUNG

11 N.Y.2d 274 (1962)

The People of the State of New York, Appellant, v. Gerald A. Young, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 1962.

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Arthur C. Muhlstock and H. Richard Uviller of counsel), for appellant.

Jacob S. Schulman for respondent.

Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER concur in Per Curiam opinion; Judge FROESSEL dissents in an opinion in which Judge VAN VOORHIS concurs.

Per Curiam.

Whether one, who in good faith aggressively intervenes in a struggle between another person and a police officer in civilian dress attempting to effect the lawful arrest of the third person, may be properly convicted of assault in the third degree is a question of law of first impression here.

The opinions in the court below in the absence of precedents in this State carefully expound the opposing...

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