Legal Opinion

People v. Martin

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 1908Published

Appeal by the defendant, Albert Martin, from a judgment of the County Court of the county of Queens, rendered on the 22d day'of March, 1907, convicting the defendant of'the'crimes of robbery in the first degree, grand larceny in the second degree and assault in the second degree,' and also from' an order entered in the office of the clerk of the county of Queens On the 10th day of August, 1907, denying the defendant’s motion for a new trial.

1Opinion of the Court

Hooker, J.:

Tlie- defendant was convicted upon an indictment of three counts, the first' charging burglary, the second larceny and the third assault, and appeals.

It appears that on the evening of the occurrence the defendant was out with three other men, Fuchs, O’Keefe. and Nestlin; that they had been together for part of the evening and had' been drinking, and that late in the evening they came upon the prosecuting witness, Koechier.. The latter testified that he was knocked down, and that raising the defendant’s disguise or mask, he recognized the defendant while the latter was assaulting…

2Cases cited1 opinion

  1. People v. QuinnAppellate Division of the Supreme Court of the State of New York · 1908

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