VINES v. STATE


25 A.D.2d 911 (1966)

Earnest Vines, Appellant, v. State of New York, Respondent. (Claim No. 37952.)

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

May 20, 1966


GIBSON, P. J.

Upon the original submission of the appeal we withheld determination thereof and remitted the case to the trial court for the making of adequate findings (24 A.D.2d 680), which have now been supplied. There was evidence that the strap broke but there was no proof at all with respect to the clamp, which, as above noted, was also disengaged. Testimony that the strap was "dry and crumply" was insufficient...

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