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PEOPLE v. MELCHERTS

160 Misc.2d 470 (1993)

609 N.Y.S.2d 534

The People of the State of New York, Plaintiff, v. Eugene Melcherts, Defendant.

Supreme Court, New York County.

July 27, 1993

Attorney(s) appearing for the Case

Legal Aid Society (Robert M. Baum and Richard DiMarco of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County (Peter Freiberg of counsel), for plaintiff.

EDWARD A. SHERIDAN, J.

Defendant, Eugene Melcherts, moves to set aside a verdict convicting him of robbery in the second degree (Penal Law § 160.10 [2] [a]), following a jury trial, upon the grounds (1) that the People failed to present legally sufficient evidence of physical injury; and (2) that the court erred in refusing to charge assault in the third degree (Penal Law § 120.00) as a lesser included...

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