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PEOPLE v. COOK

74 A.D.2d 514 (1980)

The People of the State of New York, Respondent, v. George Cook, Appellant

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

February 14, 1980

With respect to the conviction of attempted murder, it was error, on the facts of this case, for the court to refuse defendant's request to submit to the jury the count of assault in the first degree, as a noninclusory concurrent count (CPL 300.30, subd 4; 300.40, subds 4, 3, par [a]), or perhaps as a lesser included offense (People v Ross, 70 A.D.2d 541; CPL 300.50, subd 3). Intent to cause death is an essential element of attempted...

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