People v. Franzese

Appellate Division of the Supreme Court of New York

People v. Franzese

250 A.D. 772, 295 N.Y.S. 746, 1937 N.Y. App. Div. LEXIS 8931

Appellate Division of the Supreme Court of the State of New York·Decided March 12, 1937·Published

Opinion

Judgment of the County Court of Nassau county, convicting appellant of the crime of assault in the second degree, reversed on the law and the facts and a new trial ordered, on the ground that the guilt of the appellant was not proved beyond a reasonable doubt. Lazansky, P. J., Carswell, Davis and Johnston, JJ., concur; Hagarty, J., votes for a reversal of the judgment and a dismissal of the indictment upon the ground that there is no evidence connecting the appellant with the commission of the crime charged.

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Judgment of the County Court of Nassau county, convicting appellant of the crime of assault in the second degree, reversed on the law and the facts and a new trial ordered, on the ground that the guilt of the appellant was not proved beyond a reasonable doubt. Lazansky, P. J., Carswell, Davis and Johnston, JJ., concur; Hagarty, J., votes for a reversal of the judgment and a dismissal of the indictment upon the ground that there is no evidence connecting the appellant with the commission of the crime charged.

People v. Franzese, 250 A.D. 772, 295 N.Y.S. 746, 1937 N.Y. App. Div. LEXIS 8931 (N.Y. Ct. App. 1937).

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