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PEOPLE v. DIXON

120 Misc.2d 294 (1983)

The People of the State of New York, Respondent, v. Robert A. Dixon, Appellant.

Supreme Court, Appellate Term, Second Department.

April 25, 1983

Attorney(s) appearing for the Case

Burton & Burton for appellant. Patrick Henry, District Attorney (Ronald E. Lipetz of counsel), for respondent.

FARLEY, P. J., DIPAOLA and WIDLITZ, JJ., concur.

MEMORANDUM.

Judgment of conviction affirmed.

In our opinion, the lower court did not err when, without advising the People or defense counsel that it was considering any lesser included offense to the charge of violating subdivision 3 of section 1192 of the Vehicle and Traffic Law, and without any request to do so, it found defendant guilty of violating subdivision 1 thereof (see Vehicle and Traffic Law, § 1196, subd 1; People v Farmer,

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