Opinion · Nylaw New York

PEOPLE v. FINK, 243 App. Div. 634 (1935)

PEOPLE OF THE STATE OF N.Y., Respondent, v. MAX FINK, Appellant,, 243 A.D. 634 (Appellate Division of the Supreme Court of New York, Second Department. 1935)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1935-01-01
Topic: general

PEOPLE v. FINK, 243 App. Div. 634 (1935) THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAX FINK, Appellant,Appellate Division of the Supreme Court of New York, Second Department. January, 1935.

Citator

UpLaw has not yet analyzed PEOPLE v. FINK, 243 App. Div. 634 (1935). The absence of a flag is not a finding that it is good law.

PEOPLE v. FINK,243 App. Div. 634(1935)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAX FINK, Appellant,

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

January, 1935.

Judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting defendant of the crime of assault in the third degree, reversed on the law and the facts, information dismissed and fine remitted. There is no proof that defendant took any part in the actual assault. His conduct was consistent with innocence. Furthermore, the information does not charge this defendant and his codefendants with acting in concert, but charges each with the commission of an actual, physical assault on the complainant's person. Therefore, Fink's announcement "Here they are coming" may not be taken as an act in furtherance of a common purpose to make an assault on the complainant. Lazansky, P.J., Hagarty, Scudder and Tompkins, JJ., concur; Davis, J., dissents and votes to affirm.