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PEOPLE v. DAVIS

303 N.Y. 235 (1951)

The People of the State of New York, Respondent, v. James Davis, Appellant.

Court of Appeals of the State of New York.

Decided October 18, 1951

Attorney(s) appearing for the Case

Jawn A. Sandifer for appellant.

Frank A. Gulotta, District Attorney (Philip Huntington and Henry P. De Vine of counsel), for respondent.

CONWAY, DYE and FROESSEL, JJ., concur with LEWIS, J.; FULD, J., dissents in opinion in which LOUGHRAN, Ch. J., and DESMOND, J., concur.

LEWIS, J.

This appeal by the defendant, by permission of a member of this court (Code Crim. Pro., § 519, subd. 1; § 520, subd. 3) presents for our review a judgment of the County Court, Nassau County, affirming a judgment of the City Court of the City of Glen Cove, which convicted the defendant of assault in the third degree and disorderly conduct, the sentence in each case having been suspended (Penal...

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