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People v. Barnes

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1979
71 A.D.2d 628 (N.Y. App. Div. 1979)

Opinion

July 9, 1979


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 14, 1977, convicting him of attempted burglary in the third degree and petit larceny, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The guilt of the defendant was not established beyond a reasonable doubt. Hopkins, Damiani, Titone and Shapiro, JJ., concur; Mollen, P.J., dissents and votes to affirm the judgment.


Summaries of

People v. Barnes

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1979
71 A.D.2d 628 (N.Y. App. Div. 1979)
Case details for

People v. Barnes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BARNES, Appellant

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

Date published: Jul 9, 1979

Citations

71 A.D.2d 628 (N.Y. App. Div. 1979)

Citing Cases

People v. Barnes

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 14, 1977,…