People v. Hyter

Appellate Division of the Supreme Court of New York

People v. Hyter

37 A.D.2d 733, 323 N.Y.S.2d 855, 1971 N.Y. App. Div. LEXIS 3557

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

DecidedJuly 6, 1971

StatusPublished

This text of 37 A.D.2d 733 (People v. Hyter) 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. Hyter, 37 A.D.2d 733, 323 N.Y.S.2d 855, 1971 N.Y. App. Div. LEXIS 3557 (N.Y. Ct. App. 1971).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered on April 3, 1970, convicting him of attempted assault in the second degree (2 counts), possession of a weapon as a felony, possession of a dangerous drug in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review an order of the same court dated August 17, 1969, which denied defendant’s motion to suppress certain evidence found in his automobile. Judgment modified, on the law and the facts, by reversing the convictions and sentences for attempted assault in the second degree (two counts) and possession of a weapon as a felony and by dismissing the counts upon which those convictions were based. As so modified, judgment affirmed. The proof did not establish defendant’s possession of a dangerous weapon and, as a consequence, he could not be convicted of attempted assault with a dangerous weapon. Rabin, P. J., Munder, Shapiro, Christ and Brennan, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered on April 3, 1970, convicting him of attempted assault in the second degree (2 counts), possession of a weapon as a felony, possession of a dangerous drug in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review an order of the same court dated August 17, 1969, which denied defendant’s motion to suppress certain evidence found in his automobile. Judgment modified, on the law and the facts, by reversing the convictions and sentences for attempted assault in the second degree (two counts) and possession of a weapon as a felony and by dismissing the counts upon which those convictions were based. As so modified, judgment affirmed. The proof did not establish defendant’s possession of a dangerous weapon and, as a consequence, he could not be convicted of attempted assault with a dangerous weapon. Rabin, P. J., Munder, Shapiro, Christ and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 733, 323 N.Y.S.2d 855, 1971 N.Y. App. Div. LEXIS 3557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hyter-nyappdiv-1971.