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PEOPLE v. VAN NORSTRAND

85 N.Y.2d 131 (1995)

647 N.E.2d 1275

623 N.Y.S.2d 767

The People of the State of New York, Respondent, v. Glen Van Norstrand, Appellant.

Court of Appeals of the State of New York.

Decided February 16, 1995.

Attorney(s) appearing for the Case

Ronald C. Valentine, Public Defender of Wayne County (Peter J. Pullano, Rochester, of counsel), for appellant.

Richard M. Healey, District Attorney of Wayne County, Lyons (Valerie Friedlander, Albany, of counsel), for respondent.

Judges SIMONS, TITONE, SMITH and LEVINE concur with Judge CIPARICK; Chief Judge KAYE dissents in a separate opinion in which Judge BELLACOSA concurs.

CIPARICK, J.

The issue presented on this appeal is whether the trial court committed reversible error by denying defendant's request to charge third degree assault as a lesser included offense of first degree assault.

On the night of March 20, 1991, defendant called for emergency assistance on behalf of his four-month-old son. When the emergency medical technician...

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