PEOPLE v. DIAZ

11410, 2427/08

115 A.D.3d 498 (2014)

982 N.Y.S.2d 445

2014 NY Slip Op 1661

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HUBERT DIAZ, Appellant.

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

Decided March 13, 2014.


Judgment, Supreme Court, Bronx County (Judith Lieb, J.), rendered December 16, 2010, convicting defendant, after a jury trial, of attempted assault in the first degree, and sentencing him, as a second felony offender, to a term of 12 years, unanimously reversed, on the facts, the conviction vacated, and the indictment dismissed.

At trial, the complainant testified that during the early morning hours of January 13, 2008, he and two friends went to a night club called...

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