People v. Colon

Appellate Division of the Supreme Court of New York

People v. Colon

34 A.D.2d 580, 310 N.Y.S.2d 671, 1970 N.Y. App. Div. LEXIS 5250

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

DecidedMarch 30, 1970

StatusPublished

This text of 34 A.D.2d 580 (People v. Colon) 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. Colon, 34 A.D.2d 580, 310 N.Y.S.2d 671, 1970 N.Y. App. Div. LEXIS 5250 (N.Y. Ct. App. 1970).

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Opinion

Appeals from two judgments of [581]*581the Supreme Court, Kings County, one rendered August 29,1967 as to defendant Jose A. Colon and the other rendered' September 13, 1967 as to defendant Fernando Colon on resentence, convicting them of robbery in the first degree and other crimes, upon a jury verdict, and imposing concurrent sentences. Judgments modified, on the law and the facts, by striking therefrom the convictions of, and sentences for, assault in the second degree (with intent to kidnap [former Penal Law, § 242, subd. 5]) under the fifth count of the indictment and dismissing said count. As so modified, judgments affirmed. In our opinion the evidence was insufficient to support defendants’ convictions under the fifth count of the indictment. Upon the consent of the District Attorney the fifth count should be dismissed. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

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Appeals from two judgments of [581]*581the Supreme Court, Kings County, one rendered August 29,1967 as to defendant Jose A. Colon and the other rendered' September 13, 1967 as to defendant Fernando Colon on resentence, convicting them of robbery in the first degree and other crimes, upon a jury verdict, and imposing concurrent sentences. Judgments modified, on the law and the facts, by striking therefrom the convictions of, and sentences for, assault in the second degree (with intent to kidnap [former Penal Law, § 242, subd. 5]) under the fifth count of the indictment and dismissing said count. As so modified, judgments affirmed. In our opinion the evidence was insufficient to support defendants’ convictions under the fifth count of the indictment. Upon the consent of the District Attorney the fifth count should be dismissed. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

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Bluebook (online)

34 A.D.2d 580, 310 N.Y.S.2d 671, 1970 N.Y. App. Div. LEXIS 5250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-colon-nyappdiv-1970.