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PEOPLE v. MAYBEE

148 A.D.2d 923 (1989)

The People of the State of New York, Respondent, v. Duane G. Maybee, Appellant

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

March 10, 1989

Judgment unanimously affirmed.

Memorandum:

The trial court did not err in declining defendant's request to charge third degree assault (Penal Law § 120.00 [2] [reckless conduct], [3] [criminally negligent conduct]) as lesser included offenses of second degree intentional assault (Penal Law § 120.05 [1]). Viewing the evidence in the light most favorable to defendant (see, People v Greer, 42 N.Y.2d 170

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