People v. Randazzo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Randazzo, from a judgment of the County Court of Monroe county in favor of the plaintiff, rendered on the 5th day of February, ,1907, convicting the defendant of the crime of assault in the second degree.
1Opinion of the Court
Williams, J.:
The judgment should be affirmed.
The indictment-charged an assault with a loaded revolver, arid firing same with intent to kill, which constituted assault in the first degree. The conviction was of assault in the second degree, whiehwas a like assault, but without intent to kill.* There was consider able conflict in the evidence as to whether the defendant fired the .shot.which took effect upon the complainant. It seems to me, howev.er, that there was a large preponderance of evidence that the shot was fired by defendant, and that the jury might well be satisfied of that fact…
2Cases cited1 opinion
- People v. De GarmoAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by5 opinions
- People v. MussendenNew York Court of Appeals · 1955
- People v. BoydCourt for the Trial of Impeachments and Correction of Errors · 2018
- People v. YeagerAppellate Division of the Supreme Court of the State of New York · 1959
- People v. DeckenbrockAppellate Division of the Supreme Court of the State of New York · 1913
- People v. ScruggsAppellate Division of the Supreme Court of the State of New York · 1969