PEOPLE v. SUAREZ


90 A.D.2d 40 (1982)

The People of the State of New York, Appellant, v. Angel Suarez and Julio Rivera, Respondents

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

November 23, 1982


Attorney(s) appearing for the Case

Stuart L. Sanders of counsel (Alan D. Marrus with him on the brief; Mario Merola, District Attorney, attorney), for appellant.

Michael P. Joseph for Julio Rivera, respondent.

SULLIVAN, J. P., SILVERMAN and FEIN, JJ., concur.


CARRO, J.

The defendants were accused of striking Felix Fonseca about the head with metal pipes during an altercation with others on July 6, 1976. Fonseca was rendered unconscious and lapsed into a coma. On July 28, 1976, both defendants were indicted and were tried for attempted murder in the second degree (intentional), assault in the second degree (intentional), reckless endangerment in the first degree and criminal possession of a weapon in the fourth...

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