PEOPLE v. RUDOLPH


277 A.D. 195 (1950)

The People of the State of New York, Respondent, v. William Rudolph, Appellant

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

June 27, 1950.


Attorney(s) appearing for the Case

James H. Tully of counsel (James H. Tully and Moses Polakoff, attorneys), for appellant.

Peyton H. Moss of counsel (Whitman Knapp and Edward T. Perry with him on the brief; Frank S. Hogan, district attorney), for respondent.

GLENNON, J. P., and CALLAHAN, J. concur; DORE, and SHIENTAG, JJ., dissent and vote to affirm.


COHN, J.

This is an appeal from a judgment of the Court of Special Sessions of the City of New York convicting defendant of the crimes of coercion (Penal Law, § 530) and oppression (Penal Law, § 854).

The facts are that on the early morning of July 27, 1949, defendant, a police officer, while in uniform, was assaulted by the complainant, one William Howell, after the latter had been found asleep...

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