PEOPLE v. PRIMUS


178 A.D.2d 565 (1991)

The People of the State of New York, Respondent, v. David Primus, Appellant

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

December 16, 1991


Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

Early Christmas morning in 1986 the defendant struck David Dunham, his uncle, several times in the face with a hammer, and allegedly stole his wallet. As a result, the defendant was charged with robbery in the first degree robbery in the second degree, assault in the first degree (two counts), assault in the second...

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