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PEOPLE v. GOTTLIEB

130 A.D.2d 202 (1987)

The People of the State of New York, Respondent, v. Michael Gottlieb, Appellant

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

July 9, 1987

Attorney(s) appearing for the Case

Andrew E. Abraham of counsel (Cynthia R. Finn with him on the brief; Philip L. Weinstein, attorney), for appellant.

Clare C. Patalkis of counsel (Norman Barclay and Lissa Griffin with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SULLIVAN and ROSENBERGER, JJ., concur with SANDLER, J. P.; MILONAS, J., dissents in an opinion; ROSS, J., concurs in the dissenting opinion of MILONAS, J., and dissents separately in an opinion.

SANDLER, J. P.

After a jury trial, the defendant was convicted of assault in the third degree under Penal Law § 120.00 (2), and acquitted both of assault in the second degree and of assault in the third degree under Penal Law § 120.00 (1), the jury apparently finding that the defendant, although not intending to do so, had recklessly caused physical injury to the complaining witness.

The trial...

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