People v. Valentin ( 1961 )

No opinion. Ughetta, Christ, Pette and Brennan, JJ., concur; Nolan, P. J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum: In my opinion, defendant’s guilt of assault in the second degree was not established, even though the proof did suffice to support defendant’s conviction for a lesser offense, namely, an attempt to commit the crime of second degree assault.