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PEOPLE v. HALL

56 N.Y.2d 547 (1982)

The People of the State of New York, Respondent, v. Alexander Hall, Appellant. The People of the State of New York, Respondent, v. Harry Hall, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1982.

Attorney(s) appearing for the Case

Judith L. Turnock and William E. Hellerstein for Alexander Hall, appellant.

Eugene M. Bellin and Benjamin Heinrich for Harry Hall, appellant.

Mario Merola, District Attorney (Everett N. Hughes and Steven R. Kartagener of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

In each case the order of the Appellate Division should be reversed and a new trial ordered.

A request was made to charge the jury on the lesser included offense of assault in the third degree. This request was refused by the court for the stated reason that the defendants conceded that the victim suffered serious physical injury.

While the court was correct in noting the defendants' concession...

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