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  5. 20 N.Y.2d 289 (1967)
 

PEOPLE v. GONZALEZ

20 N.Y.2d 289 (1967)

The People of the State of New York, Respondent, v. Domingo Gonzalez, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Robert A. Meister and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Milton M. Stein and Michael Juviler of counsel), for respondent.

Opinion by Judge KEATING. All concur, Judge BERGAN concurring in part and voting to order a new trial in a separate opinion in which Chief Judge FULD and Judge VAN VOORHIS concur, and except Judge SCILEPPI, who dissents and votes to affirm in an opinion in which Judge BURKE concurs. Judge BREITEL taking no part.

KEATING, J.

The defendant, Domingo Gonzalez, was the father of an illegitimate child, who had been surrendered by her mother to the Welfare Department. Gonzalez attempted to obtain custody of his daughter, but the Welfare Department was opposed to this. On the trial of Gonzalez for assault in the second degree, it was testified that he went to the office of the Welfare Department and, pointing a gun at a patrolman...

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