People v. Briggs

Appellate Division of the Supreme Court of New York

People v. Briggs

27 A.D.2d 889, 278 N.Y.S.2d 792, 1967 N.Y. App. Div. LEXIS 4668

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 10, 1967

StatusPublished

This text of 27 A.D.2d 889 (People v. Briggs) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Briggs, 27 A.D.2d 889, 278 N.Y.S.2d 792, 1967 N.Y. App. Div. LEXIS 4668 (N.Y. Ct. App. 1967).

Pincite

Opinion

Upon appeal to this court from a judgment of the County Court of Chemung County convicting defendant, inter alia, of the crime of assault in the second degree in violation of subdivision 5 of section 242 of the Penal Law, such judgment was reversed on the law and that count of the indictment dismissed (25 A D 2d 50). Upon appeal to the Court of Appeals, this court’s order was modified (19 N Y 2d 37) and the case remitted to this court for disposition of the facts in accordance with section 543-b of the Code of Criminal Procedure. Motion to restore appeal to the calendar granted, and upon restoration, the judgment of the County Court of Chemung County, convicting defendant of the crime of assault in the second degree in violation of subdivision 5 of section 242 of the Penal Law, and sentencing him to an indefinite term in accordance with article 3-A of the Correction Law, is affirmed. The findings of fact implicit in the verdict of the jury and the exercise of discretion are affirmed. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.

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Upon appeal to this court from a judgment of the County Court of Chemung County convicting defendant, inter alia, of the crime of assault in the second degree in violation of subdivision 5 of section 242 of the Penal Law, such judgment was reversed on the law and that count of the indictment dismissed (25 A D 2d 50). Upon appeal to the Court of Appeals, this court’s order was modified (19 N Y 2d 37) and the case remitted to this court for disposition of the facts in accordance with section 543-b of the Code of Criminal Procedure. Motion to restore appeal to the calendar granted, and upon restoration, the judgment of the County Court of Chemung County, convicting defendant of the crime of assault in the second degree in violation of subdivision 5 of section 242 of the Penal Law, and sentencing him to an indefinite term in accordance with article 3-A of the Correction Law, is affirmed. The findings of fact implicit in the verdict of the jury and the exercise of discretion are affirmed. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.

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Bluebook (online)

27 A.D.2d 889, 278 N.Y.S.2d 792, 1967 N.Y. App. Div. LEXIS 4668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-briggs-nyappdiv-1967.