PEOPLE v. GIBALDI


75 Misc.2d 811 (1973)

The People of the State of New York, Plaintiff, v. Vincent Gibaldi, Defendant.

District Court of Suffolk County, First District.

October 29, 1973


Attorney(s) appearing for the Case

George J. Aspland, District Attorney (Donald R. Sallah of counsel), for plaintiff. James W. Carter for defendant.


LAWRENCE NEWMARK, J.

Defendant is charged with the crime of assault in the third degree in violation of section 120.00 of the Penal Law. Since he is an apparently eligible youth the matter was tried by the court without a jury.

It is wholly undisputed that the defendant struck the complainant several times without any blows being struck by the complainant. There is only one issue presented here for consideration: whether or not the defendant was...

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