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MATTER OF PASTRANA v. BAKER

77 A.D.2d 653 (1980)

In the Matter of Peter Pastrana, Petitioner, v. Edward A. Baker, as County Court Justice, et al., Respondents

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

July 28, 1980

Proceeding dismissed on the merits, without costs or disbursements.

In 1978 petitioner was indicted for assault in the first degree (two counts) and assault in the second degree, after allegedly having struck another in the face with a broken beverage glass. At the conclusion of the trial the court submitted two counts to the jury, assault in the first degree (intentionally causing serious physical injury to another) and assault in the second degree (recklessly causing...

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