People v. Mulvena

Appellate Division of the Supreme Court of New York

People v. Mulvena

65 A.D.2d 761, 410 N.Y.S.2d 3, 1978 N.Y. App. Div. LEXIS 13581

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

DecidedNovember 6, 1978

StatusPublished

This text of 65 A.D.2d 761 (People v. Mulvena) 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. Mulvena, 65 A.D.2d 761, 410 N.Y.S.2d 3, 1978 N.Y. App. Div. LEXIS 13581 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 7, 1977, convicting him of assault in the third degree, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, indictment dismissed and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The defendant contends, and the People candidly concede, that the defendant’s guilt was not established beyond a reasonable doubt. Since the trial court found that defendant was not acting in concert with his codefendants, and there was neither direct nor circumstantial evidence that he caused physical injury to the complainant, there was insufficient proof to find him guilty of assault in the third degree (see Penal Law, § 120.00). Shapiro, J. P., Cohalan, Hargett and O’Connor, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 7, 1977, convicting him of assault in the third degree, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, indictment dismissed and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The defendant contends, and the People candidly concede, that the defendant’s guilt was not established beyond a reasonable doubt. Since the trial court found that defendant was not acting in concert with his codefendants, and there was neither direct nor circumstantial evidence that he caused physical injury to the complainant, there was insufficient proof to find him guilty of assault in the third degree (see Penal Law, § 120.00). Shapiro, J. P., Cohalan, Hargett and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

65 A.D.2d 761, 410 N.Y.S.2d 3, 1978 N.Y. App. Div. LEXIS 13581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mulvena-nyappdiv-1978.