PEOPLE v. BALAY


49 A.D.2d 838 (1975)

The People of the State of New York, Respondent, v. Eliezer Balay, Appellant

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

October 16, 1975


The trial court erred in failing to charge the lesser included offense of assault in the third degree which related to the beating of Torres. The People concede that "the requested charge of assault in the third degree is a lesser included offense of assault in the second degree as charged here". The fact that the court asked defense counsel to submit requests to charge prior to the commencement of the main charge, did not justify the rejection of the request to charge assault...

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