PEOPLE v. LINZY


49 A.D.2d 773 (1975)

The People of the State of New York, Respondent, v. Clemen Linzy, Appellant

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

September 11, 1975


No opinion.

Sweeney, J. (dissenting).

The defendant was indicted for the crime of assault in the second degree. At the time of the alleged assault, defendant and others indicted for the assault, together with the victims, were all inmates of Elmira Correctional Facility. More specifically, defendant was charged in two counts with "acting with the mental culpability required for the commission of the crime of Assault in the Second Degree" in that...

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