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PEOPLE v. SUBIK

112 A.D.2d 480 (1985)

The People of the State of New York, Respondent, v. David Subik, Appellant

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

July 3, 1985

Kane, J. P.

At issue on this appeal is whether County Court properly applied the two-pronged test established by People v Glover (57 N.Y.2d 61) in submitting to the jury the crime of unlawful imprisonment in the second degree as a lesser included offense to the second count of the indictment charging unlawful imprisonment in the first degree. Defendant was acquitted of all charges set forth in the indictment...

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