PEOPLE v. FENNELL


10 A.D.2d 78 (1960)

The People of the State of New York, Respondent, v. Joab Fennell, Appellant

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

March 15, 1960.


Attorney(s) appearing for the Case

Robert Polstein for appellant.

Peter J. O'Connor of counsel (Charles W. Manning with him on the brief; Frank S. Hogan, District Attorney, attorney), for respondent.

BREITEL, J. P., RABIN, VALENTE and STEVENS, JJ., concur.


M. M. FRANK, J.

The defendant appeals from a judgment of the Court of Special Sessions convicting him of the crime of assault, third degree. He urges that the conviction is barred upon the ground of former jeopardy, and, in any event, that the evidence is insufficient to support the judgment.

As a result of an altercation with a railway policeman in Pennsylvania Railroad Terminal, the defendant, a taxicab...

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