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PEOPLE v. B.

51 A.D.2d 806 (1976)

The People of the State of New York, Respondent, v. Doris E. B. (Anonymous), Appellant

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

February 23, 1976

Judgment reversed, on the law, and new trial ordered.

A request for a jury charge as to a lesser included offense must be granted if there is any reasonable view of the evidence which would support a finding that the defendant committed the lesser offense but not the greater (CPL 300.50, subd 1; People v Asan, 22 N.Y.2d 526, 529-530; People v Smith, 47 A.D.2d 909). Under the circumstances...

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