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PEOPLE v. HARVEY

249 A.D.2d 951 (1998)

673 N.Y.S.2d 274

The People of the State of New York, Respondent, v. Andrew Harvey, Appellant

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

April 29, 1998

Judgment unanimously affirmed.

Memorandum:

After an altercation with two correction officers, defendant was indicted on two counts of assault in the second degree (Penal Law § 120.05 [7]). Following a bench trial, County Court found defendant not guilty of assault in the second degree, but convicted him of two counts of attempted assault in the second degree as a lesser included offense.

We reject defendant...

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