PEOPLE v. AGHABEKIAN


44 A.D.2d 721 (1974)

The People of the State of New York, Respondent, v. Albert Aghabekian and Michael Aghabekian, Appellants

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

April 29, 1974


Judgments reversed, on the law and the facts and as a matter of discretion in the interest of justice, and indictment dismissed.

In our view, the evidence failed to establish guilt beyond a reasonable doubt. The testimony as to how the incident in question began was extremely equivocal and it cannot be concluded beyond a reasonable doubt that appellants were the aggressors. A finding that they and their codefendant were the aggressors is inconsistent with the fact...

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