Appellate Division of the Supreme Court of New York, 1942

People v. Cushing

People v. Cushing
Appellate Division of the Supreme Court of New York · Decided January 7, 1942
263 A.D. 910; 32 N.Y.S.2d 94; 1942 N.Y. App. Div. LEXIS 7331
People v. Cushing

Opinion of the Court

Appeal from a judgment of the County Court of Albany County sentencing the appellant to Clinton State Prison for a term of not less than five nor more than ten years upon his conviction by a jury of the crime of manslaughter in the first degree. The evidence shows that the appellant and a man named Weisel assaulted James Mahar and knocked him down and that he died of a broken neck and fractured skull. An eyewitness to the affray positively identified the appellant as one of Mahar’s assailants. We find in the record no error which would warrant a reversal of the judgment. Judgment of conviction unanimously affirmed. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

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