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PEOPLE v. HEIDE

84 N.Y.2d 943 (1994)

644 N.E.2d 1370

620 N.Y.S.2d 814

The People of the State of New York, Respondent, v. William Heide, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1994.

Attorney(s) appearing for the Case

Cohen & Lombardo, P. C., Buffalo (Robert N. Convissar of counsel), for appellant.

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Susan D. Nusbaum of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The Appellate Division order should be affirmed.

A two-pronged showing is required to establish entitlement to a lesser included offense charge. First, it must be shown that the additional offense is a lesser included offense within the meaning of CPL 1.20 (37). Second, the requesting party must show that there is a reasonable view of the evidence in the particular case that would support a finding that...

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