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PEOPLE v. VOLITON

83 N.Y.2d 192 (1994)

630 N.E.2d 641

608 N.Y.S.2d 945

The People of the State of New York, Respondent, v. Edward Voliton, Appellant.

Court of Appeals of the State of New York.

Decided February 22, 1994.

Attorney(s) appearing for the Case

Monroe A. Semble and John F. Middlemiss, Jr., Riverhead, for appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Karen Petterson of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and CIPARICK concur with Judge LEVINE; Judge SMITH dissents and votes to reverse in a separate opinion; Judge TITONE taking no part.

LEVINE, J.

After a jury trial, defendant was convicted of two counts of assault in the second degree, for causing physical injuries to two officers of the Suffolk County Police Department with intent to prevent each of them from performing a lawful duty; assault, third degree, for recklessly causing physical injury to one of the officers; and resisting arrest.

The charges against defendant arose from...

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