People v. Young

12 A.D. 2d 262 (1961)


On October 17, 1958, in Manhattan, Young (D) came upon a scene where two men were assaulting a younger man as the younger man was calling for help. D, who was not acquainted to any party, did not know that the two men were plains clothes police officers who were arresting the other younger man. D then intervened in the situation and tried to help the younger man whom he reasonably thought was being assaulted by the two older men. In the course of the altercation, D became tied up with one of the police officers and the officer fell down, breaking his kneecap. D was tried and then convicted of third-degree assault and appeals.