Opinion
April 5, 1971
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 10, 1968, convicting him of assault in the second degree, upon a jury verdict, and sentencing him to Elmira Reformatory. Judgment reversed, on the law and the facts, and indictment dismissed. In our view the People failed to establish beyond a reasonable doubt that defendant possessed the intent requisite for a conviction for assault in the second degree under subdivisions 3 and 4 of section 242 of the former Penal Law. Rabin, P.J., Hopkins, Munder, Martuscello and Christ, JJ., concur.