The defendant was convicted on December 10, 1968, after a jury trial, of the crime of inciting to riot in violation of section 240.08 of the Penal Law of the State of New York. The evidence submitted by both the People and the defense shows that on the evening of October 11, 1968, during a concert given by the singer, Aretha Franklin, at the Rochester War Memorial, a scuffle broke out between a member of the audience and a security...
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