People v. Kohilakis

The defendant was charged and tried before this court without a jury for committing the crime of assault in the third degree, a misdemeanor, in violation of subdivision 1 of section 244 of the Penal Law of the State of New York by reason of striking and hitting the complainant on his head and left ear with a cement block knocking him to the ground without just cause or provocation.

At the conclusion of the trial the attorney for the defendant-made two motions. First, that the charge herein be dismissed on the ground that the People have failed to make an opening statement as required by…