People v. Srbu

by defendants from two judgments (one as to each of them) of the Supreme Court, Kings County, rendered June 8, 1973, convicting defendant Srbu of assault in the third degree and convicting defendant Smolian of assault in the second degree, upon jury verdicts, and imposing sentence. Judgments reversed, as a matter of discretion in the interest of justice, and new trial ordered. The charges set forth in the indictment are based upon an altercation which took place in a bar and grill; the defendants are alleged to have assaulted one Milan Kiser, the owner and bartender. Kiser had sold the bar…