Opinion · Nylaw New York

PEOPLE v. BRAXTON, 6 A.D.2d 1040 [1st Dept 1958]

PEOPLE OF THE STATE OF N.Y., Respondent, v. PHILLIP BRAXTON,Appellant., 6 A.D.2d 1040 (Appellate Division of the Supreme Court of New York, First Department. 1958)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1958-10-28
Topic: general

PEOPLE v. BRAXTON, 6 A.D.2d 1040 [1st Dept 1958] THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP BRAXTON,Appellant.Appellate Division of the Supreme Court of New York, First Department. October 28, 1958 Judgment unanimously reversed on the law, and in the exercise of discretion, a new trial ordered. On this record there is insufficient evidence to find this defendant guilty beyond a reasonable doubt.

Citator

UpLaw has not yet analyzed PEOPLE v. BRAXTON, 6 A.D.2d 1040 [1st Dept 1958]. The absence of a flag is not a finding that it is good law.

PEOPLE v. BRAXTON,6 A.D.2d 1040[1st Dept 1958]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP BRAXTON,

Appellant.

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

October 28, 1958

Judgment unanimously reversed on the law, and in the exercise of discretion, a new trial ordered. On this record there is insufficient evidence to find this defendant guilty beyond a reasonable doubt. However, it is apparent that all the evidence which might have been adduced was not presented.

Concur — Breitel, J.P., Rabin, M.M. Frank, McNally and Stevens, JJ.