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PEOPLE v. FERNANDEZ

43 A.D.2d 83 (1973)

The People of the State of New York, Respondent, v. Fred Fernandez, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 3, 1973.

Attorney(s) appearing for the Case

Eleanor Jackson Piel for appellant.

Michael F. Armstrong, District Attorney (Martin L. Bracken of counsel), for respondent.

LATHAM, SHAPIRO, CHRIST and BENJAMIN, JJ., concur.

HOPKINS, Acting P. J.

The defendant was indicted on October 11, 1967 for the crimes of assault in the second degree and resisting arrest (former Penal Law, §§ 242, 1851). After a trial before a jury, he was found guilty of the charges on August 2, 1972 and sentenced on August 30, 1972. He had been previously tried and convicted in the Criminal Court of the City of New York for disorderly conduct arising...

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