PEOPLE v. BARKEY


37 A.D.2d 937 (1971)

The People of the State of New York, Respondent, v. Albert Barkey, Appellant

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

November 11, 1971


Defendant used a rifle in resisting vandals at his father's home. He seemingly also resisted the police who later arrived. He was indicted for reckless endangerment in the first degree, resisting arrest, menacing and possession of an unregistered rifle. He pleaded guilty to the latter to cover all charges on the basis that he believed himself to be "technically" guilty of that crime. As a matter of fact, the rifle was registered. He now asks that the judgment be vacated and...

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