Introducing ATLASLearn more
Legal Opinion

People v. Potskowski

New York Court of Appeals

Decided December 2, 1948PublishedCited by 17 opinions

I. The crime of assault, second degree, was proven beyond a reasonable doubt. (People v. Tomlins, 213 N. Y. 240; People v. Fransone, 211 N. Y. 284; People v. Taylor, 177 N. Y. 237; People v. Bosino, 168 App. Div. 920; People v. Kennedy, 159 N. Y. 346; People v. Constantino, 153 N. Y. 24; People v. Johnson, 139 N. Y. 358; People v. Martin, 77 App. Div. 396, 175 N. Y. 315.) II. Defendants Potskowski and Capuano committed the crime of assault in the second degree.

Read the full summary

I. The crime of assault, second degree, was proven beyond a reasonable doubt. (People v. Tomlins, 213 N. Y. 240; People v. Fransone, 211 N. Y. 284; People v. Taylor, 177 N. Y. 237; People v. Bosino, 168 App. Div. 920; People v. Kennedy, 159 N. Y. 346; People v. Constantino, 153 N. Y. 24; People v. Johnson, 139 N. Y. 358; People v. Martin, 77 App. Div. 396, 175 N. Y. 315.) II. Defendants Potskowski and Capuano committed the crime of assault in the second degree. (People v. Bytel, 284 N. Y. 242.) III. Defendant LaDue committed the crime of assault in the second degree. (People v. Martin, 77…

1Opinion of the Court

LougheaN, Ch. J.

After trial in the County Court of Esses County the three defendants — Potskowski, Capuano and LaDue —were convicted of assault in the second degree. Each was sentenced to imprisonment for not less than one year and three months nor more than two years and a half, and Potskowski was also fined a thousand dollars. On appeals by all three defendants to the Appellate Division an order was entered in the following form:

“ Ordeeed, that said judgment of conviction as to Carl Harry Laclue be reversed on the law and facts and the indictment dismissed, and it is further

Ordered, that…

2Cases cited5 opinions

  1. People v. BellowsNew York Court of Appeals · 1939
  2. People v. RytelNew York Court of Appeals · 1940
  3. People v. SpeiserNew York Court of Appeals · 1938
  4. People v. McCarthyNew York Court of Appeals · 1929
  5. People v. ScheinmanNew York Court of Appeals · 1946

3Cited by17 opinions

  1. People v. ThompsonNew York Court of Appeals · 1983
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1964
  3. People v. LeeNew York Court of Appeals · 1955
  4. People v. ComptonAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. MayAppellate Division of the Supreme Court of the State of New York · 1960

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API