PEOPLE v. BENSON


8 Misc.2d 841 (1957)

The People of the State of New York, Respondent v. Maurice Benson, Appellant.

County Court, Westchester County.

August 28, 1957.


Attorney(s) appearing for the Case

Richard B. Dannenberg for appellant.

Joseph F. Gagliardi, District Attorney (Miles B. Suchin of counsel), for respondent.


HAROLD T. GARRITY, J.

Defendant appeals from a conviction for assault, third degree. Engaged as a "door-to-door" salesman of brushes, defendant sought to sell his wares to the complainant who was at home with her two infant children. During the course of his sales talk, defendant entered the apartment, uninvited, and imploring complainant: "don't holler; don't scream." Defendant's position, both prior and subsequent...

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