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PEOPLE v. GALVIN

112 A.D.2d 1090 (1985)

The People of the State of New York, Respondent, v. Edward Galvin, Appellant

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

August 8, 1985

Weiss, J.

This case comes before us a second time. In our previous decision, we determined that the trial court erred in refusing to charge assault in the third degree as requested, thereby necessitating a new trial on the first count on the indictment (104 A.D.2d 527). The Court of Appeals modified this determination, agreeing with the dissenting memorandum of Justice Casey that there exists no reasonable view of the...

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