PEOPLE v. BROSNAN


32 N.Y.2d 254 (1973)

The People of the State of New York, Respondent, v. Patrick Thomas Brosnan, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 1973.


Attorney(s) appearing for the Case

Peter M. Fishbein, Wilbert E. Bennett and Richard E. Hershenson for appellant.

Thomas J. Mackell, District Attorney (Cornelius J. O'Brien of counsel), for respondent.

Judges BURKE, JASEN and GABRIELLI concur with Judge BREITEL; Judge WACHTLER dissents and votes to reverse in an opinion in which Judge JONES concurs; Chief Judge FULD dissents and votes to reverse in a separate opinion.


BREITEL, J.

As the aftermath to a casual pick-up acquaintanceship in a drinking bar, and a visit to another bar, defendant was convicted after a jury trial of larceny and assault upon his woman companion. She had been found, abandoned, unconscious, bloodied, and with a fractured skull, beside the gasoline pumps of a service station at 6:00 A.M. The Appellate Division modified, leaving only the assault conviction...

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