Utica, NY (WIBX) - Charges have now been filed against a off-duty state trooper who allegedly broke into a home on Beverly Place in Utica on New Year's Eve and assaulted the man living there.Utica Police have charged 31-year old Jessie Miller of Utica with assault, criminal mischief and criminal trespass

Police say when officers arrived, Miller and the man were fighting on the front lawn.

Both men were injured during the altercation.

Police say Miller appeared to have been intoxicated.

Miller has been suspended by State Police.