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PEOPLE v. BROWN

21 A.D.2d 738 (1964)

The People of the State of New York, Respondent, v. Sylvester J. Brown, Appellant

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

May 14, 1964

Judgment unanimously modified on the law and facts in accordance with memorandum and, as so modified, affirmed.

Memorandum:

The defendant, wielding a knife, engaged in an altercation with his estranged wife during which she sustained various cuts on her body. Defendant was indicted for the crime of attempt to commit murder in the first degree, contrary to sections 2 and 1044 of the Penal Law. The indictment alleged that

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