PEOPLE v. DANAHER


49 A.D.2d 984 (1975)

The People of the State of New York, Respondent, v. David Danaher, Appellant

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

October 30, 1975


Eyewitness testimony established that defendant argued with Jeffrey Rifenburgh and, during the course of an ensuing struggle, he admittedly struck Rifenburgh over the head with a baseball bat. Defendant offered the defense of justification in explanation of his behavior, but this version of events was obviously rejected by the jury. He now contends that the proof was insufficient to establish one of the elements of the crime of which he stands convicted, namely, that he acted...

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