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PEOPLE v. GREENE

85 Misc.2d 890 (1976)

The People of the State of New York, Respondent, v. Aeolus Greene, Appellant.

Supreme Court, Appellate Term, First Department.

January 13, 1976

Attorney(s) appearing for the Case

William E. Hellerstein, William J. Gallagher and Michael Lee Hertzberg for appellant. Robert M. Morgenthau, District Attorney (Robert M. Pitler and Robert K. Collins of counsel), for respondent.

Concur: MARKOWITZ, P. J., TIERNEY and RICCOBONO, JJ.

Per Curiam.

CPL 350.10 (subd 6) permits a Judge, conducting a nonjury trial of an information in a local criminal court, in rendering a verdict of guilty upon a count charging a misdemeanor, to find the defendant (1) guilty of the charged misdemeanor if established by legally sufficient trial evidence, or (2) guilty of any lesser included offense which is established by legally sufficient trial evidence.

Appellant was charged with the unclassified misdemeanor...

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