People v. Case

Appellate Division of the Supreme Court of New York

People v. Case

16 A.D.2d 635, 227 N.Y.S.2d 212, 1962 N.Y. App. Div. LEXIS 10204

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

DecidedApril 19, 1962

StatusPublished

This text of 16 A.D.2d 635 (People v. Case) 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. Case, 16 A.D.2d 635, 227 N.Y.S.2d 212, 1962 N.Y. App. Div. LEXIS 10204 (N.Y. Ct. App. 1962).

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Opinion

Judgment convicting defendant after trial of one count of rape in the first degree, one count of carrying a dangerous weapon after prior conviction, two counts of assault in the second degree and three counts of exposure of person, unanimously modified, on the law and on the facts, to the extent of dismissing counts fourth and twelfth of the indictment, and, as so modified, affirmed. Count fourth alleges exposure of defendant’s person on May 14, 1959 and is dismissed on the ground that the People failed to establish the guilt of defendant beyond a reasonable doubt. Count twelfth alleges assault in the second degree on September 3, 1959 and is dismissed on the ground that the infant complaining witness was improperly sworn, and therefore there was insufficient evidence to establish guilt. We have examined the other assignments of error and find them to be without merit. We conclude the sentence should not be modified. Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Judgment convicting defendant after trial of one count of rape in the first degree, one count of carrying a dangerous weapon after prior conviction, two counts of assault in the second degree and three counts of exposure of person, unanimously modified, on the law and on the facts, to the extent of dismissing counts fourth and twelfth of the indictment, and, as so modified, affirmed. Count fourth alleges exposure of defendant’s person on May 14, 1959 and is dismissed on the ground that the People failed to establish the guilt of defendant beyond a reasonable doubt. Count twelfth alleges assault in the second degree on September 3, 1959 and is dismissed on the ground that the infant complaining witness was improperly sworn, and therefore there was insufficient evidence to establish guilt. We have examined the other assignments of error and find them to be without merit. We conclude the sentence should not be modified. Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

16 A.D.2d 635, 227 N.Y.S.2d 212, 1962 N.Y. App. Div. LEXIS 10204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-case-nyappdiv-1962.