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PEOPLE v. RYPINSKI

157 A.D.2d 260 (1990)

The People of the State of New York, Respondent, v. Roy S. Rypinski, Appellant

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

May 11, 1990

Attorney(s) appearing for the Case

Linda S. Reynolds (Karen Russo-McLaughlin and Barbara Davies Eberl of counsel), for appellant.

Kevin M. Dillon, District Attorney (Eleanor Kubiniec of counsel), for respondent.

CALLAHAN, J. P., DENMAN, PINE, BALIO and DAVIS, JJ., concur.

PINE, J.

Defendant was convicted, after a jury trial, of reckless assault in the second degree (Penal Law § 120.05 [4]), as a purported lesser included offense of reckless assault in the first degree (Penal Law § 120.10 [3]). He was acquitted of two companion counts of intentional assault and one count of criminal possession of a weapon. He contends on appeal that the court erroneously refused to...

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