PEOPLE v. GALVIN


65 N.Y.2d 761 (1985)

The People of the State of New York, Appellant, v. Edward Galvin, Respondent.

Court of Appeals of the State of New York.

Decided June 13, 1985.


Attorney(s) appearing for the Case

Sol Greenberg, District Attorney (Ilene R. Bergman of counsel), for appellant.

James E. Long for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division should be modified, defendant's conviction of assault in the first degree reinstated, the case remitted to the Appellate Division for consideration of the facts and other issues, if any, not previously passed upon, and, as so modified, the order in all other respects affirmed.

As correctly noted by Justice Casey in his dissenting opinion below, there is no reasonable...

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