People v. Pacheco

Supreme Court, Bronx County, rendered June 29, 1978, upon a jury verdict convicting the defendant of assault in the first degree, attempted robbery in the first degree, and two counts of attempted robbery in the second degree, and sentencing him to concurrent terms of three years’ imprisonment, reversed, on the law and, as a matter of discretion, in the interests of justice, and a new trial ordered. There was evidence adduced that the complaining witness, a police officer in civilian clothing was accosted by three men, one of whom was the defendant, who demanded his money. When he resisted he…