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,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.