PEOPLE v. ARIAS


194 A.D.2d 732 (1993)

601 N.Y.S.2d 807

The People of the State of New York, Respondent, v. Hermides Arias, Appellant

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

June 21, 1993


Ordered that the judgment is affirmed.

Contrary to the defendant's contention on appeal, the Supreme Court did not err in failing to charge assault in the third degree as a lesser-included offense of intentional murder. There is no reasonable view of the evidence which would permit a finding that the defendant intended to and did cause only physical injury to the victim rather than the victim's death. We also note that the record indicates that the defendant's request...

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