People State New York v. Edward L. Stewart

[37 A.D.2d 908 Page 908] Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: Defendant Philip L. Stewart was
convicted of three counts of assault in the second degree and one count of obstructing governmental administration, and his
brother, defendant Edward L. Stewart, was convicted of one count of assault in the second degree and one count of obstructing
governmental administration. These convictions followed charges arising out of an altercation between the defendants and certain
members of the Monroe County Sheriff's Department when the defendants were committed to the County Jail on unrelated charges.
The charges were that the defendants feloniously and with intent to prevent peace officers from performing lawful duties caused
physical injury to the officers. The defense pleaded justification alleging that the officers were not performing lawful duties
and that defendants [37 A.D.2d 908 Page 909]