PEOPLE v. THOMAS


71 A.D.2d 612 (1979)

The People of the State of New York, Respondent, v. Emanuel Thomas, Appellant

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

July 2, 1979


Two judgments rendered March 26, 1976, affirmed. Judgment rendered May 24, 1976, upon resentence, modified, on the law, by reversing the conviction of assault in the second degree and the sentence imposed thereon, and said count is dismissed. As so modified, judgment affirmed.

The People concede that the defendant is correct in contending that the conviction of burglary in the first degree as here charged (causing serious physical injury to a nonparticipant in the...

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