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PEOPLE v. WORTHERLY

68 A.D.2d 158 (1979)

The People of the State of New York, Respondent, v. Sigmund Wortherly, Appellant

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

May 17, 1979

Attorney(s) appearing for the Case

Katherin K. Hudson of counsel (William E. Hellerstein, attorney), for appellant.

William M. Hannay of counsel (Bruce Allen with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

BIRNS, J. P., FEIN, LANE and BLOOM, JJ., concur.

SILVERMAN, J.

Defendant appeals from a judgment of the Supreme Court, New York County, convicting him on jury verdict of assault in the second degree (Penal Law, § 120.05), and criminal possession of a weapon in the third degree (Penal Law, § 265.02) and sentencing him thereon.

1. The testimony of the complaining witness, the victim Wilson, that about three minutes after the assault, he told...

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