PEOPLE v. MASTEN


203 A.D.2d 956 (1994)

611 N.Y.S.2d 728

The People of the State of New York, Respondent, v. Gordon Masten, Appellant

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

April 15, 1994


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

Defendant was convicted of one count of assault in the first degree (Penal Law §§ 20.00, 120.10 [1]). At trial, defendant admitted that he punched the victim once, knocking him to the ground, but maintained that he did so in self-defense after the victim swung a stick at him. Other witnesses testified that defendant's attack occurred in the midst of nothing more than an argument...

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