PEOPLE v. DeBAPTISTE


237 A.D.2d 298 (1997)

655 N.Y.S.2d 408

The People of the State of New York, Respondent, v. Andre Debaptiste, Appellant

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

March 3, 1997


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in failing to inform him prior to summations that it would be considering the lesser-included offense of attempted criminal possession of a weapon in the third degree. However, the court's error in this regard was harmless, as it cannot be said that defense counsel's summation would have been affected by the knowledge that attempted criminal possession of a weapon in the third...

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