PEOPLE v. LEONARDO


89 A.D.2d 214 (1982)

The People of the State of New York, Appellant, v. Joseph P. Leonardo, Respondent

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

October 29, 1982


Attorney(s) appearing for the Case

Richard J. Arcara, District Attorney (John J. DeFranks and Louis A. Haremski of counsel), for appellant.

Rose H. Sconiers (Joseph B. Mistrett of counsel), for respondent.

DILLON, P. J., DENMAN, MOULE and SCHNEPP, JJ., concur.


HANCOCK, JR., J.

The People appeal from the dismissal of an indictment of defendant on several charges arising from an incident in which, in a suburban neighborhood, defendant fired a rifle at a tree and wounded an 11-year-old girl watching a game in the baseball field beyond.

The indictment contained four counts:

(1) assault, first degree (Penal Law, § 120.10, subd 1, with intent to cause...

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