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People v. Wunsch

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 1951
278 App. Div. 940 (N.Y. App. Div. 1951)

Opinion

June 29, 1951.

Present — Cohn, J.P., Callahan, Van Voorhis, Shientag and Heffernan, JJ.


Judgment of conviction unanimously modified to the extent of reversing the conviction on the count charging assault in the third degree and dismissing that count of the information, on the ground that the guilt of defendant on that charge was not established beyond a reasonable doubt and, as so modified, the judgment of conviction is affirmed. We do not know to what extent, if any, the conviction for assault influenced the sentence imposed by the court below. We, therefore, direct that the defendant be produced before that court for resentence on a date to be fixed in the order to be settled herein. Settle order on notice.


Summaries of

People v. Wunsch

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 1951
278 App. Div. 940 (N.Y. App. Div. 1951)
Case details for

People v. Wunsch

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR WUNSCH…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 29, 1951

Citations

278 App. Div. 940 (N.Y. App. Div. 1951)

Citing Cases

Richardson v. Dunn

Word's Case, supra. In re Rousos, 119 N.Y. S., 34; People v. Wunsch, 198 Ill. App. 437, 440; also see Winslow…