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PEOPLE v. STEVENSON

23 A.D.2d 472 (1965)

The People of the State of New York, Respondent, v. John Stevenson, Appellant

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

July 19, 1965.

Attorney(s) appearing for the Case

Susan K. Ginsberg and Anthony F. Marra for appellant.

Aaron E. Koota, District Attorney (Harold M. Brown of counsel), for respondent.

BELDOCK, P. J., UGHETTA and HOPKINS, JJ., concur with HILL, J.; CHRIST, J., dissents and votes to dismiss the indictment and to remand the appellant to the Family Court for appropriate proceedings, in a separate opinion.

HILL, J.

There is only one issue raised in this appeal, i.e., how old was defendant John Stevenson on August 24, 1963?

On that day defendant and three others (not involved here) allegedly attacked one Joseph Pellegrino in Brooklyn, New York, "with a dangerous weapon and their hands, clenched fists and booted feet", and inflicted such serious injury that the victim died shortly thereafter. Defendant was arraigned in Supreme Court, Kings County...

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