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PEOPLE v. ALMODOVAR

62 N.Y.2d 126 (1984)

The People of the State of New York, Respondent, v. Juan Almodovar, Appellant.

Court of Appeals of the State of New York.

Decided May 15, 1984.

Attorney(s) appearing for the Case

Theodore S. Green and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Alan D. Kaplan and Steven R. Kartagener of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur.

SIMONS, J.

Defendant has been convicted after trial of assault, first degree (intentional assault), and criminal possession of a weapon, second degree, on an indictment which also charged him with attempted murder, second degree, and a second count of assault in the first degree (reckless assault). The reckless assault count was dismissed by the court during trial and...

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