MATTER OF SMYTH v. CHASE


36 A.D.2d 951 (1971)

In the Matter of Terence J. Smyth, Respondent, v. Herbert M. Chase, as a Town Justice of The Town of Cortlandt, Appellant

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

May 3, 1971


Judgment reversed, on the law and the facts, without costs, and petition dismissed on the merits.

On January 25, 1969 appellant was presented with an information charging Baio with intentionally pointing a firearm at the complainant, which conduct is a class A misdemeanor, under section 265.35 (subd. 4, par. [b]) of the Penal Law. Process was served, petitioner Smyth was assigned as counsel for Baio, and on March 3, 1969 petitioner and Baio appeared before appellant...

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