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PEOPLE v. FEARON

18 A.D.2d 721 (1962)

The People of the State of New York, Respondent, v. Frank Fearon, Appellant

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

December 26, 1962

Judgment modified on the law by striking out the provision convicting defendant of assault in the first degree and the provision imposing sentence for such crime, and by substituting therefor a provision dismissing the sixth count of the indictment. As so modified, judgment affirmed. The facts are affirmed.

The learned trial court erroneously charged the jury that they might find defendant guilty of assault in the first degree...

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