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PEOPLE v. PRAETZ

111 Misc.2d 785 (1981)

The People of the State of New York, Plaintiff, v. Gerard William Praetz, Defendant.

County Court, Dutchess County.

November 27, 1981

Attorney(s) appearing for the Case

Samuel Collins, Public Defender (Martin Charwat of counsel), for defendant. John R. King, District Attorney (Bridget R. Rahilly of counsel), for plaintiff.

RAYMOND E. ALDRICH, JR., J.

Defendant was convicted after jury trial of two crimes of assault in the second degree and one crime of resisting arrest as the result of an altercation with New York State Police troopers, and he now moves for an order pursuant to CPL 330.30 setting aside the verdict of the jury on the ground that this court's refusal to submit to the jury for their consideration as a lesser included offense the crime of assault in the third...

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