People v. Schwartzwald

Appellate Division of the Supreme Court of New York

People v. Schwartzwald

271 A.D.2d 1005

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

DecidedMarch 21, 1947

StatusPublished

This text of 271 A.D.2d 1005 (People v. Schwartzwald) 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. Schwartzwald, 271 A.D.2d 1005 (N.Y. Ct. App. 1947).

Pincite

Opinion

The evidence discloses that the alleged assault was prompted by complainant’s wrongful interference with real property in defendant’s lawful possession, and does not establish beyond a reasonable doubt that defendant used more force than was necessary to repel the complainant’s trespass. The judgment of conviction should therefore be reversed and the information dismissed. Judgment reversed and the information dismissed. [1006]*1006Present — Martin, P. J., Glennon, Dore, Callahan and Peck, JJ; Dore, J., dissents and votes to affirm.

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The evidence discloses that the alleged assault was prompted by complainant’s wrongful interference with real property in defendant’s lawful possession, and does not establish beyond a reasonable doubt that defendant used more force than was necessary to repel the complainant’s trespass. The judgment of conviction should therefore be reversed and the information dismissed. Judgment reversed and the information dismissed. [1006]*1006Present — Martin, P. J., Glennon, Dore, Callahan and Peck, JJ; Dore, J., dissents and votes to affirm.

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Bluebook (online)

271 A.D.2d 1005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schwartzwald-nyappdiv-1947.