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PEOPLE v. ALAMO

23 N.Y.2d 630 (1969)

The People of the State of New York, Respondent, v. Isabelino Alamo, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1969.

Attorney(s) appearing for the Case

James A. Quaremba and Anthony F. Marra for appellant.

Burton B. Roberts, District Attorney (Barry L. Mendelson and Daniel J. Sullivan of counsel), for respondent.

Judges SCILEPPI, KEATING, BREITEL and JASEN concur with Judge BERGAN; Judge BURKE dissents and votes to reverse in a separate opinion in which Chief Judge FULD concurs.

BERGAN, J.

Defendant was indicted for assault, second degree, upon a police officer and resisting a police officer in discharge of duty, a misdemeanor (former Penal Law, § 1851). After a trial he was convicted by the jury of the lesser degree of assault (third degree, a misdemeanor) and of violation of section 1851. A reformatory sentence was imposed.

There is conflicting testimony on the assault...

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