SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 9, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
GEORGE L. FAULKNER, APPELLANT
Appeal from a judgment of the Supreme Court, Kings County, rendered April 27, 1967, convicting defendant of assault in the second degree (two counts) and maiming, upon a jury verdict, and imposing sentence.
Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.
Under sections 242 and 1400 of the Penal Law of 1909, the element of "intent" is necessary to sustain convictions for assault in the second degree and maiming. In our view the People failed to prove the essential element of "intent" beyond a reasonable dount (People v. La Belle, 18 N.Y.2d 405, 412) and, accordingly, the convictions cannot be sustained.
Judgment reversed, on the law and the facts, and indictment dismissed.
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