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PEOPLE v. CANCEL

116 A.D.2d 655 (1986)

The People of the State of New York, Respondent, v. Pedro Cancel, Appellant

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

January 21, 1986

Judgment modified, on the law, by reversing the conviction on count 14 of the indictment charging defendant with assault in the second degree, sentence imposed thereon vacated, and said count of the indictment dismissed. As so modified, judgment affirmed.

There is insufficient evidence in the record to support the jury's finding that defendant, either as principal or accessory, assaulted the complainant with a deadly weapon...

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