PEOPLE v. MULLEN


22 A.D.2d 756 (1964)

The People of the State of New York, Respondent, v. Robert J. Mullen, Appellant

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

October 29, 1964


Judgment unanimously reversed on the law and facts and a new trial granted.

Memorandum:

There is little doubt of the guilt of the defendant. The crime of assault and his extremely offensive conduct leading up to it were well established. However, because of serious errors we conclude that the defendant did not receive a fair trial and we are compelled to reverse the judgment of conviction and order a new trial. The defendant was convicted of assault in the...

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