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UNITED STATES v. MARTIN

No. 1040, Docket 76-1089.

536 F.2d 535 (1976)

UNITED STATES of America, Appellee, v. Alan Gregory MARTIN, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 8, 1976.

Attorney(s) appearing for the Case

Michael A. Young, New York City (William J. Gallagher, The Legal Aid Society, New York City, of counsel), for appellant.

Lawrence Iason, New York City (Robert B. Fiske, Jr., U.S. Atty., S.D. N.Y., Frederick T. Davis, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before OAKES and VAN GRAAFEILAND, Circuit Judges and JUDD, District Judge.

PER CURIAM:

Appellant was convicted after a non-jury trial before a United States magistrate of a violation of 18 U.S.C. § 113(d), "assault by striking, beating or wounding". This is an appeal from the affirmance of such conviction by the District Court.

Appellant was accosted by two security officers in a ward of the Castle Point Veterans Administration Hospital following a report that he had been seen brandishing an open knife. When asked whether he...

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