PEOPLE v. MITCHELL


216 A.D.2d 863 (1995)

628 N.Y.S.2d 914

The People of the State of New York, Respondent, v. Rodney Mitchell, Appellant

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

June 9, 1995


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of two counts of assault in the second degree (Penal Law § 120.05 [2]) and two counts of criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]). Defendant contends that the conviction of weapons possession should be vacated and those counts of the indictment dismissed as lesser included offenses of assault in the second degree (see, CPL 300.40 [3] [b...

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