People v. Rakusz

484 N.Y.S.2d 784 (1985)

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Nature of the Case

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Facts

Officer Hipple attempted to arrest D as a coconspirator in a drug bust. When the officer announced that D was under arrest, D ran. Hipple pursued, grabbed D, and struggled with him. D reached into his jacket pocket. Hipple pulled D's arm out of the pocket. Thinking that D had a gun, Hipple put his own hand into D's jacket pocket cutting himself on a serrated kitchen knife resting there. D did not directly cut the officer with the knife. D moved to dismiss the charge.