PEOPLE v. BLYDEN


79 A.D.2d 192 (1981)

The People of the State of New York, Respondent, v. Herbert X. Blyden, Appellant

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

February 26, 1981


Attorney(s) appearing for the Case

Leonard J. Klaif for appellant.

Edward C. Cosgrove, District Attorney (Kurt T. Sajda of counsel), for respondent.

CALLAHAN, DENMAN, MOULE and SCHNEPP, JJ., concur.


SIMONS, J. P.

Defendant has been convicted of first degree assault after a jury found that he struck Purcell "Rap" Brown in the jaw with a stapling gun. The attack was instigated because of an earlier quarrel between defendant and Brown and it occurred while Brown was on the ground repairing the muffler on his automobile. Defendant struck the victim with such force that his jaw was fractured in several places...

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