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PEOPLE v. MARTINI

66 Misc.2d 206 (1971)

The People of the State of New York, Respondent, v. Maria Martini, Appellant.

Supreme Court, Appellate Term, First Department.

March 12, 1971

Attorney(s) appearing for the Case

Milton Adler and Janice L. Burnett for appellant. Burton B. Roberts, District Attorney (Susan Froehly Teich of counsel), for respondent.

Concur — STREIT, J. P., GOLD and QUINN, JJ.

Per Curiam.

The defendant was charged with the sole crime of assault in the third degree (Penal Law, § 120.00). After trial on March 5, 1970 she was found guilty of harassment (Penal Law, § 240.25) on the theory expressly propounded by the trial court on the record, that the latter violation is a lesser included offense in the crime of assault. On November 19, 1970 the Court of Appeals in deciding the case of People v. Moyer (

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