The People of the State of New York, Respondent,
v.
Milan Radunovic, Appellant.
The People of the State of New York, Appellant,
v.
Michael Sigismondi, Respondent.
The People of the State of New York, Respondent,
v.
Louis Roccaforte, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 1, 1967.
Decided December 28, 1967.
Attorney(s) appearing for the Case
Leon Silvert for appellant in the first above-entitled action.
Frank S. Hogan, District Attorney (Michael Juviler and H. Richard Uviller of counsel), for respondent in the first above-entitled action.
Thomas J. Mackell, District Attorney (Jerrold I. Ehrlich of counsel), for appellant in the second above-entitled action.
Robert N. Bressler and Frank L. Corrado for respondent in the second above-entitled action.
Frank A. Lopez and Theodore Rosenberg for appellant in the third above-entitled action.
Thomas J. Mackell, District Attorney (Jerrold I. Ehrlich of counsel), for respondent in the third above-entitled action.
In People v. Roccaforte: Opinion by Judge VAN VOORHIS in which Chief Judge FULD and Judge BREITEL concur, Judge BREITEL in a separate concurring opinion; Judge BURKE concurs for reversal for the reasons stated by Mr. Justice STEUER in his dissenting opinion in People v. Radunovic () and with the same reservations; Judge SCILEPPI dissents and votes to affirm in an opinion and Judge BERGAN dissents and votes to affirm in a separate opinion in which Judge KEATING concurs.
Court of Appeals of the State of New York.
VAN VOORHIS, J.
Two of these three criminal prosecutions involve the crime of assault in the third degree. Radunovic and Roccaforte stand convicted of that crime and are appellants in this court. Sigismondi's indictment was dismissed upon motion and the People appeal. He was indicted on two counts for assault in the second degree and upon a third count of possessing a dangerous weapon. In each instance the intermediate...
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