People v. Klosis
| Decision Date | 27 May 1975 |
| Citation | 368 N.Y.S.2d 58,48 A.D.2d 705 |
| Parties | The PEOPLE, etc., Respondent, v. Ronald KLOSIS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
William E. Hellerstein and William J. Gallagher, New York City (Irene T. Soffer, New York City, of counsel), for appellant.
Eugene Gold, Dist. Atty., Brooklyn (J. Mitchell Rosenberg, Brooklyn, of counsel), for respondent.
Before GULOTTA, P.J., and HOPKINS, MARTUSCELLO, LATHAM and CHRIST, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 5, 1973, convicting him of assault in the second degree, upon a jury verdictAnd sentencing him to five years' probation. degree, upon a jury verdict, and sentencing on the law and the facts, by changing the conviction to one of assault in the third degree; as so modified, judgment as to the conviction affirmed; judgment reversed as to the sentence, on the law; and case remanded to the trial court for resentencing.
We find no proof in the record to support the verdict of guilty on the seventh count of the indictment charging appellant with having committed assault in the second degree by intentionally inflicting physical injury upon the complainant by means of a dangerous instrument (Penal Law, § 120.05, subd. 2). Nevertheless, there was sufficient proof as a matter of law to sustain a verdict of guilty for the lesser included offense of assault in the third degree (Penal Law, § 120.00, subd. 1). We modify the conviction accordingly (CPL 470.15, subd. 2, par. (a)) and remand the case to the trial court for resentencing.
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...case to the trial court for resentencing on the robbery count (CPL 470.15, subd. 2, par. (a), CPL 470.20, subd. 4; People v. Klosis, 48 A.D.2d 705, 368 N.Y.S.2d 58 (1975)). ...
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Summation
...to be read to the jury during openings and summations, even though reference to the law was made. People v. Pabon , 48 A.D.2d 862, 368 N.Y.S.2d 58 (2d Dept. 1975). A prosecutor’s misstatement of the law during summation concerning what constituted reasonable doubt was grounds for reversal, ......
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Summation
...to be read to the jury during openings and summations, even though reference to the law was made. People v. Pabon , 48 A.D.2d 862, 368 N.Y.S.2d 58 (2d Dept. 1975). A prosecutor’s misstatement of the law during summation concerning what constituted reasonable doubt was grounds for reversal, ......
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Summation
...to be read to the jury during openings and summations, even though reference to the law was made. People v. Pabon, 48 A.D.2d 862, 368 N.Y.S.2d 58 (2d Dept. 1975). A prosecutor’s misstatement of the law during summation concerning what constituted reasonable doubt was grounds for reversal, p......