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PEOPLE v. RAMIREZ

51 A.D.2d 809 (1976)

The People of the State of New York, Respondent, v. Jose A. Ramirez, Appellant

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

February 23, 1976

Judgment reversed, on the law, and indictment dismissed.

The prosecution failed to make out even a prima facie case of all of the elements necessary to establish either type of assault alleged in the indictment. The trial testimony of the defendant's wife as to how she was shot was not, contrary to the prosecution's contentions, incredible as a matter of law. Alleged prior statements by the wife that the shooting was not...

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