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STATE v. FERNANDEZ

(3379)

5 Conn. App. 40 (1985)

STATE OF CONNECTICUT v. TYRONE E. FERNANDEZ

Appellate Court of Connecticut.

Decision released August 20, 1985.

Attorney(s) appearing for the Case

Kenneth Rosenthal, assistant public defender, with whom, on the brief, was Donald D. Dakers, public defender, for the appellant (defendant).

Donald O'Brien, special assistant state's attorney, with whom, on the brief, were Arnold Markle, state's attorney, and Mary Galvin, assistant state's attorney, for the appellee (state).

HULL, SPALLONE and DALY, JS.

HULL, J.

This case involves the very narrow issue of whether the defendant's mental state was sufficiently in dispute to entitle him to a jury charge on the lesser included offenses of assault in the third degree by recklessness or assault in the third degree by criminal negligence.1

The defendant was tried before a jury on the charge of assault in the first degree in violation of General...

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