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PEOPLE v. FIELDS

31 N.Y.2d 713 (1972)

The People of the State of New York, Appellant-Respondent, v. William Fields, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 1, 1972.

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Andrew E. Abraham and Michael R. Juviler of counsel), for appellant-respondent.

Robert J. Egan and William E. Hellerstein for respondent-appellant.

Concur: Chief Judge FULD and Judges SCILEPPI, BREITEL and GIBSON. Judge BERGAN dissents.

Order affirmed on the opinion at the Appellate Division.

Concur: Chief Judge FULD and Judges SCILEPPI, BREITEL and GIBSON. Judge BERGAN dissents and votes to modify in the folllowing opinion in which Judges BURKE and JASEN concur.

BERGAN, J. (dissenting).

Since the reversal of defendant's conviction for assault in the second degree by the Appellate Division was on the law, the factual determination of the court at Trial Term that the testimony...

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