People v. Peal

Appellate Division of the Supreme Court of New York

People v. Peal

26 A.D.2d 895, 274 N.Y.S.2d 462, 1966 N.Y. App. Div. LEXIS 3375

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

DecidedOctober 20, 1966

StatusPublished

This text of 26 A.D.2d 895 (People v. Peal) 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. Peal, 26 A.D.2d 895, 274 N.Y.S.2d 462, 1966 N.Y. App. Div. LEXIS 3375 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The verdict finding defendant guilty of assault, third degree, is contrary to law and to the weight of evidence. Our perusal of the record leads us to the conclusion that the People will not be able to prove guilt in any subsequent trial. Therefore, there is no reason for attempting to preserve the indictment. It should be dismissed. (Appeal from judgment of Erie County Court, convicting defendant of assault, third degree.) Present — Williams, P. J., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The verdict finding defendant guilty of assault, third degree, is contrary to law and to the weight of evidence. Our perusal of the record leads us to the conclusion that the People will not be able to prove guilt in any subsequent trial. Therefore, there is no reason for attempting to preserve the indictment. It should be dismissed. (Appeal from judgment of Erie County Court, convicting defendant of assault, third degree.) Present — Williams, P. J., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Bluebook (online)

26 A.D.2d 895, 274 N.Y.S.2d 462, 1966 N.Y. App. Div. LEXIS 3375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peal-nyappdiv-1966.