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PEOPLE v. MENDEZ

63 A.D.2d 69 (1978)

The People of the State of New York, Respondent, v. Angel Mendez, Appellant

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

July 13, 1978

Attorney(s) appearing for the Case

Clarence Fried of counsel (Rafael Pastor with him on the brief; Hawkins, Delafield & Wood, attorneys), for appellant.

Mark Dwyer of counsel (Robert M. Pitler and Gregory Motyka with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

LANE and MARKEWICH, JJ., concur with SILVERMAN, J.; MURPHY, P. J., and EVANS, J., dissent in an opinion by EVANS, J.

SILVERMAN, J.

Defendant appeals from a judgment of the Supreme Court convicting him, after jury trial, of assault in the second degree (Penal Law, § 120.05) and sentencing him to an indeterminate term of imprisonment with a maximum of seven years.

Two points are raised by appellant on appeal: An alleged improper reduction by the court of the indictment from murder to assault in the second degree...

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