PEOPLE v. BENNETT


207 A.D.2d 708 (1994)

616 N.Y.S.2d 945

The People of the State of New York, Respondent, v. Ernest Bennett, Appellant

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

September 20, 1994


After the People's opening statement in which two modes of assault, scalding and beating, were advanced in support of three counts charging different degrees of assault, defense counsel, arguing that the counts charging defendant with assault in the first and second degrees alleged only scalding and that the third-degree count was silent as to specific conduct, moved to dismiss the indictment on the ground that the People were introducing evidence of an uncharged crime relating...

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