PEOPLE v. REYES


79 A.D.2d 621 (1980)

The People of the State of New York, Respondent, v. David Reyes, Appellant

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

December 1, 1980


Judgment affirmed.

The defendant was indicted and tried for attempted murder in the second degree and criminal possession of a weapon in the second degree. Prior to summations, the prosecutor requested that the trial court submit for jury consideration the charge of assault in the first degree as a lesser included offense of the attempted murder count. The defendant, however, objected to submission of the lesser charge. The court did not immediately rule on the application...

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