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PEOPLE v. DANIELS

285 A.D. 619 (1955)

The People of the State of New York, Respondent, v. Norman W. Daniels, Appellant, et al., Defendant

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

April 13, 1955.

Attorney(s) appearing for the Case

Charles J. McDonough and Paul W. Beltz for appellant.

John F. Dwyer, District Attorney (George H. Metz of counsel), for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, PIPER, WHEELER and VAN DUSER, JJ.

VAUGHAN, J.

The defendant Norman Daniels appeals from a judgment of the Supreme Court, Erie County, convicting him of the crime of assault, third degree.

The appellant and his brother, James H. Daniels, were indicted in an eight-count indictment, all eight counts charging assault in the second degree. All charges arose out of a fight with three Buffalo police officers which occurred in the early morning...

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