PEOPLE v. SMITH


15 A.D.2d 934 (1962)

The People of the State of New York, Respondent, v. Beverly Smith, Appellant

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

March 12, 1962


Judgment reversed on the law, information dismissed and defendant discharged.

The facts have not been considered. Defendant was charged with assault in the third degree, a misdemeanor (People v. Rytel, 284 N.Y. 242). After trial, she was convicted of the offense of disorderly conduct. On the trial of the misdemeanor charge the Court of Special Sessions was without jurisdiction to convict defendant of the offense of lesser grade, to wit, disorderly conduct,...

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