September 4, 2006
Legal Research and Writing
Annamaria Maciocia, Esq.
The People of the State of New York v. Howard Sohn,
43 A.D. 2d 716, 350 N.Y.S 2d 198 (1973)
This is an appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered February 14, 1973, convicting him of assault in the second degree, after a nonjury trial, and sentencing him to probation for five years.
The complainant pleaded guilty to possession of a pistol during the incident. A finding that the appellant and his codefendants were the aggressors is inconsistent with the fact they called the police and remained on the scene until their arrival.
Is the defendant guilty beyond a reasonable doubt?
Is the appellant the aggressor beyond a reasonable doubt?
The evidence failed to establish guilt beyond a reasonable doubt.
The People failed to meet their burden of proving guilt beyond a reasonable doubt.
Judgment reversed, on the law and the facts as a matter of discretion in the interests of justice, and indictment dismissed.
Thomas Walsh v. Town of Cheektowaga, 237 A.D.2d 947, 654 N.Y.S.2d 912 (1997)
This is an appeal from the Order of Supreme Court, Erie County.
In the early morning hours of September 18, 1992, a police officer employed by defendant Town of Cheektowaga pulled over an automobile owned by plaintiff's decedent, Jacqueline Walsh. An acquaintance of Walsh was driving and she was a passenger. As the result of the traffic stop, the acquaintance was placed under arrest for driving while intoxicated. Based upon his observations of Walsh, the officer determined that Walsh was also intoxicated and unable to drive safely. The officer testified that he offered to call a cab or give Walsh a ride to any destination she chose, but Walsh...
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