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STATE v. SMITH

(11764)

35 Conn. App. 51 (1994)

STATE OF CONNECTICUT v. ASHTON SMITH

Appellate Court of Connecticut.

Decision Released June 7, 1994.

Attorney(s) appearing for the Case

Daniel S. Fabricant, special public defender, for the appellant (defendant).

Timothy J. Sugrue, assisant state's attorney, with whom, on the brief, were James E. Thomas, state's attorney, and William Bumpus, former assistant state's attorney, for the appellee (state).

DUPONT, C. J., and SCHALLER and SPEAR, JS.

SPEAR, J.

The defendant appeals from the judgment of conviction, rendered after a jury trial, of assault in the first degree in violation of General Statutes § 53a-59 (a) (2).1 The defendant claims that the trial court improperly (1) excluded the written statement of an unavailable witness, (2) refused to instruct the jury on a lesser included offense, (3) refused to read back testimony...

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