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PEOPLE v. LETT

39 N.Y.2d 966 (1976)

The People of the State of New York, Respondent, v. Kevin D. Lett, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1976.

Attorney(s) appearing for the Case

Joseph B. Mistreet and Nathaniel A. Barrell for appellant.

Edward C. Cosgrove, District Attorney (John J. De Franks of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

In determining whether an offense is a lesser included offense of the one charged the facts of the particular case, and not the legal abstractions, control (People v Stanfield, 36 N.Y.2d 467; People v Johnson, 39 N.Y.2d 364). On the facts of this case we agree that the trial court properly submitted assault in the third degree...

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