People v. Martini

In October, 1969, defendant was charged with the crime of assault in the third degree (Penal Law, § 120.00) upon an information which alleged as follows: that defendant “ acting in concert with an adult female, pulled the deponent out of a parked automobile and repeatedly struck her about the head with clenched fists ”. After trial, the defendant was convicted of harassment (Penal Law, § 240.25, subd. 1), “a violation.” After conviction and before sentence, the defendant’s attorney contended that this court was without power to render its judgment, upon the ground that the crime of harassment…