PEOPLE v. COLON


34 A.D.2d 580 (1970)

The People of the State of New York, Respondent, v. Jose A. Colon and Fernando Colon, Appellants

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

March 30, 1970


Judgments modified, on the law and the facts, by striking therefrom the convictions of, and sentences for, assault in the second degree (with intent to kidnap [former Penal Law, § 242, subd. 5]) under the fifth count of the indictment and dismissing said count. As so modified, judgments affirmed.

In our opinion the evidence was insufficient to support defendants' convictions under the fifth count of the indictment. Upon...

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