People v. Fink
This text of 243 A.D. 634 (People v. Fink) 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.
Opinion
— Judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting defendant of the crime of assault in the third degree, reversed on the law and the facts, information dismissed and fine remitted. There is no proof that defendant took any part in the actual assault. His conduct was consistent with innocence. Furthermore, the information does not charge this defendant and his codefendants with acting in concert, but charges each with the commission of an actual, physical assault on the complainant’s person. Therefore, Fink’s announcement “ Here they are coming ” may not be taken as an act in furtherance of a common purpose to make an assault on the complainant. Lazansky, P. J., Hagarty, Scudder and Tompkins, JJ., concur; Davis, J., dissents and votes to affirm.
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Cite This Page — Counsel Stack
243 A.D. 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fink-nyappdiv-1935.