The defendant, among other things, was indicted for assault in the second degree (Penal Law, § 120.05, subd 2) for intentional assault with a dangerous weapon (knife). This was submitted to the jury along with the lesser included offense of assault in the third degree (Penal Law, § 120.00, subd 1) being intentional assault. The jury convicted defendant of assault in the second degree and accordingly did not consider the lesser included offense of intentional assault...
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