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 majority reasoned that EMTs remain on duty while in uniform and awaiting further calls, and that intent can be inferred from the ferocity of the attack. A dissent argued that the statute requires proof of specific intent to prevent the performance of a duty and would reverse the judgment. The opinion also discusses the legislative history of §120.05(3).