PEOPLE v. HOWE


49 A.D.2d 604 (1975)

The People of the State of New York, Respondent, v. James Howe, Appellant

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

July 14, 1975


Judgment modified as to the conviction, on the law and the facts, by changing the conviction to one of assault in the third degree; as so modified, judgment as to the conviction affirmed; judgment modified as to the sentence, as a matter of discretion in the interest of justice, by reducing the period of imprisonment to the time already served.

We find no proof in the record to support the verdict of guilty on the seventh count of the indictment charging appellant...

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