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People v. Valentin

15 A.D.2d 571 Court N.Y. App. Div. Decision date 1961-12-27 English

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Majority

p. 571
The People of the State of New York, Respondent, v. Josue Valentin, Appellant.

No opinion. Ughetta, Christ, Pette and Brennan, JJ., concur; Nolan, P. J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum: In my opinion, defendant’s guilt of assault in the second degree was not established, even though the proof did suffice to support defendant’s conviction for a lesser offense, namely, an attempt to commit the crime of second degree assault.