PEOPLE v. PECK


39 A.D.2d 591 (1972)

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

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

April 17, 1972


Affirmed.

No opinion.

Benjamin, J., dissenting.

In my opinion, defendant's guilt was not established beyond a reasonable doubt by the credible evidence adduced at this trial, and the indictment therefore should be dismissed. Apart from the foregoing, there is another factor here present which would require a new trial in the interest of justice if the indictment were not dismissed. A fellow student...

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