PEOPLE v. WALKER


154 A.D.2d 412 (1989)

The People of the State of New York, Respondent, v. Wallace Walker, Appellant

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

October 2, 1989


Ordered that the judgment is modified, on the law, by reversing the conviction of assault in the first degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

We agree with the defendant's contention that the evidence, viewed in the light most favorable to the prosecution (People v Contes, 60 N.Y.2d 620), was legally insufficient to sustain his...

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