People v. Ortiz

Judgment, Supreme Court, Bronx County, rendered on July 26, 1974, convicting the defendant, after a jury trial, of the crimes of assault in the second degree and possession of a dangerous weapon, as a misdemeanor, reversed, on the law and on the facts, and a new trial ordered. The evidence discloses that, at the trial, the defendant admitted the confrontation with the complaining witness arising out of an altercation allegedly caused by fumes escaping from defendant’s taxi into the complainant’s apartment. He stated that the complainant suddenly confronted him with a knife and a bat, trying…