People v. Moore (42 A.D.2d 268, 1973)

Shapiro, J.

The defendant, 17 years old at the time of his arrest in August, 1970, appeals from a judgment entered upon a jury verdict which found him guilty of two counts of assault in the second degree and one count of reckless endangerment in the second degree. Because of substantial errors in the conduct of the trial, the judgment must be reversed and a new trial held.

Serious conflicts exist between the testimony of both sides as to the events leading up to the wounding and arrest of the defendant by Patrolman Thomas Barry, a Suffolk County policeman. Barry testified that at about 1:00 a.m. on August 5, 1970 he' finished a tour of duty and, wearing civilian clothes, was met by his wife, who was driving their 1967 station wagon. They proceeded east on Jericho Turnpike in Huntington, New York, to Elwood Road, where, as they turned north, a “ customized ” red and black Volkswagen, driven by the defendant and with one James Thompson as a passenger, cut them off. The defendant continued north on Elwood Road, made a complete stop, then crossed the double line into the southbond lane and forced a southbound automobile off the roadway. This dangerous driving pattern was repeated two more times, followed by further stopping and starting and erratic driving on the defendant’s part. The Barrys stopped directly behind the defendant at a red light at the Burr Avenue intersection- Barry, with n