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Home / Case Digests / Appellate Division, Fourth Dept. / Assault Second Degree: People v. Extale

Assault Second Degree: People v. Extale

Appellate Division, Fourth Department   Assault Second Degree Prosecutorial Discretion People v. Extale KA 08-00786 Appealed from Monroe County Court Background: The defendant was indicted for assault in the second degree (a class D violent felony offense) and vehicular assault first degree (a class E felony). Before trial, the prosecutor moved to withdraw the lower charge, over a defense objection. The defendant ...