PEOPLE v. McGRATH


136 A.D.2d 658 (1988)

The People of the State of New York, Respondent, v. Charlie McGrath, Appellant

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

January 19, 1988


Ordered that the judgment is affirmed.

The defendant's conviction of the crime of assault in the second degree arose out of an incident which occurred during the early morning hours of September 21, 1985. The complainant testified that the defendant hit him on the head with a beer bottle while his back was turned.

A witness for the defense, one Mitchell Lewis, who observed the incident, gave a different, and exculpatory version of the incident. During cross...

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