In reviewing the evidence for the jury, the trial court characterized certain evidence as "some speculation" when the fact is that such evidence had been agreed upon by stipulation. Under the wording of the indictment, there was no error in failing to charge the jury with respect to assault in the first degree. (People v. Santoro, 229 N.Y. 277.) Assault in the second degree might have been charged upon suitable request which would include an assumption that it was...
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