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PEOPLE v. BENTLEY

19 A.D.2d 368 (1963)

The People of the State of New York, Respondent, v. Cornelius Bentley, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 29, 1963.

Attorney(s) appearing for the Case

Gerald Zuckerman for appellant.

Alan Frederick Leibowitz of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondent.

BOTEIN, P. J., BREITEL, McNALLY, STEVENS and BASTOW, JJ., concur.

Per Curiam.

Defendant appeals from a verdict and conviction of robbery in the second degree (Penal Law, § 2126). He asserts error in the court's refusal to charge the jury on the lesser included crime of assault in the second degree (Penal Law, § 242).

Defendant was indicted for second degree robbery, first degree grand larceny, and second degree assault. The testimony showed that defendant followed...

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