People v. Osinski

Appellate Division of the Supreme Court of New York

People v. Osinski

252 A.D. 812, 296 N.Y.S. 379, 1937 N.Y. App. Div. LEXIS 6359

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

DecidedOctober 8, 1937

StatusPublished

This text of 252 A.D. 812 (People v. Osinski) 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. Osinski, 252 A.D. 812, 296 N.Y.S. 379, 1937 N.Y. App. Div. LEXIS 6359 (N.Y. Ct. App. 1937).

Pincite

Opinion

Appeal from a judgment of conviction and sentence for the crime of assault in the second degree rendered upon the verdict of a jury by the Schenectady County Court on June 19, 1935. "While appellant was being taken in an automobile by a police officer after arrest to the magistrate he got possession of the officer’s pistol from the back of the car and when the officer attempted to recover it the gun was discharged and the officer seriously wounded. Judgment of conviction affirmed. Hill, P. J., McNamee and Bliss, JJ., concur; Crapser and Heffeman, JJ., dissent, and vote to reverse the judgment and for a new trial, on the ground that the proof fails to disclose, by evidence beyond a reasonable doubt, that defendant committed any crime.

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Appeal from a judgment of conviction and sentence for the crime of assault in the second degree rendered upon the verdict of a jury by the Schenectady County Court on June 19, 1935. "While appellant was being taken in an automobile by a police officer after arrest to the magistrate he got possession of the officer’s pistol from the back of the car and when the officer attempted to recover it the gun was discharged and the officer seriously wounded. Judgment of conviction affirmed. Hill, P. J., McNamee and Bliss, JJ., concur; Crapser and Heffeman, JJ., dissent, and vote to reverse the judgment and for a new trial, on the ground that the proof fails to disclose, by evidence beyond a reasonable doubt, that defendant committed any crime.

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Bluebook (online)

252 A.D. 812, 296 N.Y.S. 379, 1937 N.Y. App. Div. LEXIS 6359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-osinski-nyappdiv-1937.