PEOPLE v. ISRILE


64 A.D.2d 536 (1978)

The People of the State of New York, Respondent, v. Philip Isrile, Appellant

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

July 11, 1978


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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