People v. Sanacory

Judgment of conviction of the County Court of Westchester county reversed upon the law and a new trial ordered. We have examined the record and find no error as to the facts. Defendant was convicted of the crime of assault in the first degree. Disregarding the circumstantial evidence, Cea, the complainant, was the only witness to the assault, which he claimed occurred at five-thirty on the morning of November 11, 1930. Defendant offered evidence that Cea, in consulting his lawyer with reference to a proposed civil action against the defendant, fixed the time of the assault at three-thirty a.…