PEOPLE v. WEBB


67 A.D.2d 890 (1979)

The People of the State of New York, Respondent, v. Benjamin Webb, Appellant

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

February 27, 1979


We reverse defendant's conviction for reckless endangerment in the first degree and dismiss that charge, i.e., Count No. 3 of the indictment. At the moment Police Officer Stone, standing above the crowd on an elevated subway station, observed defendant fire a revolver, defendant and his brother were surrounded by a hostile, menacing group. Whether the shot was fired by defendant into the crowd or over the heads of those in front of him was a matter in dispute at the trial...

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