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People v. Weixel

28 N.Y.2d 738 Court N.Y. Decision date 1971-04-07 English

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p. 738
The People of the State of New York, Respondent, v. Eugene Weixel and James Miles, Appellants.
Argued March 1, 1971;
decided April 7, 1971.
p. 739
Michael Meltsner, Bruce Batner and Diana Budzanosld for appellants.
Frcrnk 8. Hogan, District Attorney (Bennett L. Gershman, Michael B. Juviler and Burton N. Lipshie of counsel), for respondent.

Judgment reversed and the information dismissed on the ground that the crime of menacing of which the defendants were convicted did not constitute a lesser degree of any one of the crimes — riot (Penal Law, § 240.05), reckless endangerment (§ 120.20) and resisting arrest (§ 205. 30)—with which they had been charged and on which they had been put to trial (see People v. Moyer, 27 N Y 2d 252 ).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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