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PEOPLE v. WEIBKE

119 A.D.2d 890 (1986)

The People of the State of New York, Respondent, v. Ernest Weibke, Appellant

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

April 17, 1986

Mikoll, J.

The facts underlying the instant matter are set out sufficiently in the companion case of People v Francine CC. (112 A.D.2d 531), tried herewith.

Defendant contends that his conviction for assault in the second degree must be reversed since it was improperly submitted to the jury as a lesser included offense of the count for attempted murder in the second degree. Defendant was acquitted of...

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