The issue is one of constitutional magnitude implicating a fundamental right." State v. Dunbar, 37 Conn. App. 338, 342, 656 A.2d 672, cert. denied, 233 Conn. 906, 657 A.2d 644 (1995). The defendant has failed to show, however, that a constitutional violation exists and that he was clearly deprived of a fair trial.
"The purpose of § 53a-167c(a) is to prevent and punish injurious behavior intended to interfere with public servants performing their duties." State v. Dunbar, 37 Conn.App. 338, 656 A.2d 672, 676 (1995) (emphasis added). On this score, it is important to note that Connecticut courts have held that assault of a peace officer under CGS § 53a-167c(a)(1) is the greater offense of interfering with a peace officer under CGS § 53a-167a(a), which prohibits "obstruct[ing], resist[ing], hinder[ing] or endanger[ing] any peace officer or fireman in the performance of his duties."
Decided April 24, 1995 The defendant's petition for certification for appeal from the Appellate Court, 37 Conn. App. 338 (AC 13155), is denied. Louis S. Avitabile, special public defender, in support of the petition.
(Citation omitted.) State v. Dunbar, 37 Conn. App. 338, 342, 656 A.2d 672, cert. denied, 233 Conn. 906, 657 A.2d 644 (1995). The defendant has failed to show, however, that a constitutional violation clearly exists and that he was clearly deprived of a fair trial.
The trial court's failure to instruct the jury adequately as to the elements of a crime may result in a due process violation implicating the fairness of the trial. See State v. Anderson, 212 Conn. 31, 36, 561 A.2d 897 (1989); State v. Dunbar, 37 Conn. App. 338, 342, 656 A.2d 672, cert. denied, 233 Conn. 906, 657 A.2d 644 (1995). We will review the claim because the record is adequate and the claim is of constitutional magnitude.
"The purpose of § 53a-167c (a) is to prevent and punish injurious behavior intended to interfere with public servants' performing their duties." State v. Dunbar, 37 Conn. App. 338, 347, 656 A.2d 672, cert. denied, 233 Conn. 906, 657 A.2d 644 (1995). "The statute is intended to protect peace officers in the performance of their duty."
" (Citation omitted; internal quotation marks omitted.) State v. Dunbar, 37 Conn. App. 338, 341, 656 A.2d 672, cert. denied, 233 Conn. 906, 657 A.2d 644 (1995). In the present case, the record is adequate to review the defendant's claim.
" (Citation omitted; internal quotation marks omitted.) State v. Dunbar, 37 Conn. App. 338, 341, 656 A.2d 672, cert. denied, 233 Conn. 906, 657 A.2d 644 (1995). In the present case, the record is adequate to review the defendant's claim.