PEOPLE v. DARGAN


27 N.Y.2d 100 (1970)

The People of the State of New York, Respondent, v. David Dargan, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1970.


Attorney(s) appearing for the Case

William E. Hellerstein and Milton Adler for appellant.

Frank S. Hogan, District Attorney (Michael R. Juviler and Lewis R. Friedman of counsel), for respondent.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion; Chief Judge FULD dissents and votes to reverse in a separate opinion.


Per Curiam.

The appellant was convicted on July 15, 1969 in the Criminal Court of the City of New York after trial before a panel of three Judges without a jury of assault, third degree, and petit larceny and he was sentenced to serve a term of seven months' imprisonment on each charge, the sentences to run concurrently. As class A misdemeanors, each crime was punishable by a maximum sentence of imprisonment for one...

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