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PEOPLE v. CRUTCHFIELD

111 A.D.2d 346 (1985)

The People of the State of New York, Respondent, v. Earl Crutchfield, Also Known as Derik Dickson, Appellant

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

May 20, 1985

Judgment modified, as a matter of discretion in the interest of justice, by reversing the conviction for assault in the second degree and vacating the sentence imposed thereon. As so modified, judgment affirmed, and new trial ordered as to the seventh count of the indictment charging defendant with assault in the second degree.

It is reversible error to submit to the jury a theory of liability not contained in the indictment (People v Duncan,

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