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People v. Rakusz
New York Supreme Court
484 N.Y.S.2d 784 (1985)
- Written by Kelli Lanski, JD
Facts
A police officer attempted to arrest Thomas Rakusz (defendant) as a coconspirator in a drug bust. Rakusz ran, and the officer pursued him. During the subsequent struggle, Rakusz reached into his jacket pocket. The officer pulled Rakusz’s arm away from the pocket and reached his own hand into the pocket, thinking Rakusz had a gun hidden there. The pocket actually contained a serrated kitchen knife, and the officer cut his hand. Rakusz was charged with second-degree assault with intent to prevent a police officer from performing a lawful duty by causing physical injury to the officer. Rakusz moved to dismiss the indictment, arguing that he did not intend to injure the officer.
Rule of Law
Issue
Holding and Reasoning (Crane, J.)
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