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PEOPLE v. BARACCO

4 A.D.2d 877 (1957)

The People of the State of New York, Respondent, v. Carlo Baracco, Appellant

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

October 14, 1957

Judgment affirmed.

No opinion. No separate appeal lies from the sentence, which has been reviewed upon the appeal from the judgment.

Murphy, J., dissents and votes to reverse the judgment and to dismiss the information with the following memorandum:

The complainant goaded appellant into striking her. She was looking for trouble and her insolent remarks humiliated him, held him up to riducule and provoked his...

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