People v. Fennell

The defendant appeals from a judgment of the Court of Special Sessions convicting him of the crime of assault, third degree. He urges that the conviction is barred upon the ground of former jeopardy, and, in any event, that the evidence is insufficient to support the judgment.

As a result of an altercation with a railway policeman in Pennsylvania Railroad Terminal, the defendant, a taxicab driver, was separately charged with disorderly conduct (Penal Law, § 722, subd. 2), and with assault. After a trial in the Magistrate’s Court, the defendant was acquitted of the disorderly conduct charge.…