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PEOPLE v. NYEMCHEK

131 A.D.2d 512 (1987)

The People of the State of New York, Respondent, v. Michael Nyemchek, Also Known as Michael Nymcheck, Also Known as Michael Nhemcheck, Appellant

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

June 1, 1987

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his acquittal of the charge of assault in the first degree under Penal Law § 120.10 (1), coupled with his conviction of the lesser included offense of assault in the second degree under Penal Law § 120.05 (2), did not necessarily negate an element essential to his conviction of the charge of assault in the first degree under Penal Law § 120.10 (3).

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