New York Court of Appeals

The People of the State of New York, Respondent v. Christian Bueno, Appellant

November 21, 201118 N.Y.3d 160

Summary

The Court affirmed the conviction of Christian Bueno for second-degree assault, holding that the evidence was legally sufficient to show he intended to prevent an EMT from performing a lawful duty. The Court reasoned that EMTs remain on duty while in uniform awaiting calls, and a jury may infer specific intent from the nature and persistence of the assault. Chief Judge Lippman dissented, arguing the statute requires proof of intent to prevent a specific lawful task.