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PEOPLE v. FLORES

42 A.D.2d 431 (1973)

The People of the State of New York, Respondent, v. Mark Flores, Appellant

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

October 26, 1973.

Attorney(s) appearing for the Case

Nathaniel A. Barrell (Henrietta M. Wolfgang of counsel), for appellant.

Michael F. Dillon (William E. Balthasar of counsel), for respondent.

GOLDMAN, P. J., DEL VECCHIO, WITMER and MOULE, JJ., concur.

SIMONS, J.

The dispositive issue in this appeal is whether assault second degree is a lesser included offense with respect to attempted robbery second degree.

The appellant was tried by a jury under a two-count indictment which charged him with attempting to forcibly steal property from Richard Obringer while aided by another (Penal Law, § 160.10, subd. 1), and with attempting to forcibly steal property...

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