PEOPLE v. VALENTIN


255 A.D.2d 126 (1998)

678 N.Y.S.2d 900

The People of the State of New York, Respondent, v. Raul Valentin, Appellant

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

November 5, 1998


The court appropriately declined defendant's request to submit to the jury the lesser included offense of third-degree assault as to one of the victims since there was no reasonable view of the evidence to support a finding that defendant injured the subject victim without the use of a dangerous instrument, to wit, a baseball bat (People v Kern, 149 A.D.2d 187, 238, affd 75 N.Y.2d 638)....

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