A man who severely injured a police officer while fleeing from an unlawful stop did not act with the degree of depravity needed to support a first-degree assault conviction, the Appellate Division, Second Department, has held.

The appeals panel in People v. Hurdle, 2189/07, dismissed the most serious charges lodged against Walter Hurdle on the grounds that the officer he injured had no right to stop and detain him in the first place.

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