PEOPLE v. DAVID

2007-01529.

95 A.D.3d 1031 (2012)

943 N.Y.S.2d 614

2012 NY Slip Op 3660

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSWIND DAVID, Appellant.

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

Decided May 8, 2012.


Ordered that the judgment is reversed, on the law, the convictions of assault in the first degree and the sentences imposed thereon are vacated, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the counts of the indictment charging the defendant with assault in the second degree.

On January 2, 2006, the defendant was involved in an altercation during which he allegedly cut Rudolph Harper and Bevan Caesar with a box cutter. As a result...

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