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PEOPLE v. CIONEK

43 A.D.2d 256 (1974)

The People of the State of New York, Respondent, v. Christopher Cionek et al., Appellants

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

January 10, 1974.

Attorney(s) appearing for the Case

Richard A. Insogna for Christopher Cionek and another, appellants.

John J. Mycek for David Sisario, appellant.

William E. Moore for Lawrence Hidde, appellant.

Howard M. Aison for William Pacillo, appellant.

Charles E. Hardies, Jr., District Attorney, for respondent.

STALEY, JR., J. P., and GREENBLOTT, J., concur with KANE, J.; SWEENEY and MAIN, JJ., dissent and vote to reverse in an opinion by SWEENEY, J.

KANE, J.

These are appeals from judgments of the County Court of Montgomery County, rendered April 30, 1973, May 1, 1973, May 2, 1973 and May 4, 1973, upon verdicts convicting the defendants of the crime of menacing.

These defendants were indicted and tried for the crimes of assault in the second degree and criminal mischief in the fourth degree. When the case was submitted to the jury, the court also submitted as a lesser included offense the...

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