At trial in New York County Supreme Court, the prosecution proceeded on the theory that Mr. A was guilty of second-degree assault as a hate crime because, when he pushed complainant onto the subway tracks, and that he’d intended to use the electrified third rail or an oncoming train as a dangerous instrument. Based on some blurry surveillance video, AD1 found that the evidence was equally consistent with complainant merely tripping and falling onto the tracks. In any event, AD1 found, the evidence was insufficient to establish specific intent. AD1 found the evidence insufficient, the verdict against the weight of the evidence, and dismissed the assault conviction. CAL attorney Allison Haupt represented Mr. A on appeal.