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PEOPLE v. JONES

35 A.D.2d 1019 (1970)

The People of the State of New York, Respondent, v. Leslie Loren Jones, Appellant

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

December 3, 1970

We find sufficient evidence that Sergeant Kelly experienced substantial pain to support the appellant's conviction under section 120.05 of the Penal Law (People v. McDowell, 35 A.D.2d 611). And we find no merit in appellant's additional contentions and accordingly the judgment of conviction must be affirmed.

Judgment affirmed.

Herlihy, P. J., and Cooke, J., dissent and vote to modify in the following memorandum:<...

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