New York State Court of Appeals – Lesser Included Offense – Assault and Harassment   People v. Repanti No. 10 Judge Rivera   Background: The defendant argued that he was unlawfully convicted of attempted assault and harassment because those counts ...

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New York State Court of Appeals Lesser Included Offense Jury Charge — Reasonable View of the Evidence People v. Rivera No. 48 Judge Read Background: The defendant was convicted of first-degree manslaughter. At issue is whether the judge should have ...

Tagged with: Lesser Included Offense New York State Court of Appeals

Appellate Division, Fourth Department Lesser Included Offense Exercising Right to Trial People v. Flynn KA 10-00693 Appealed from Jefferson County Court Background: The defendant was convicted of first-degree assault and other crimes. On appeal, he contended that County Court erred in ...

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Appellate Division, Fourth Department Ineffective Assistance of Counsel Lesser Included Offense People v. Kurkowski KA 10-01579 Appealed from Erie County Court Background: The defendant was charged with assault in the first degree. He was convicted at a bench trial of ...

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Appellate Division, Fourth Department Identical Elements Lesser Included Offense People v. Lawrence KA 09-01206 Appealed from Supreme Court, Erie County Background: The defendant was convicted after jury trial of predatory sexual assault against a child. He argued that he was ...

Tagged with: Appellate Division Fourth Department Lesser Included Offense