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PEOPLE v. CANTARERO

248 A.D.2d 481 (1998)

668 N.Y.S.2d 922

The People of the State of New York, Respondent, v. Jose Cantarero, Appellant

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

March 9, 1998

Ordered that the judgment is modified, on the law, by reversing the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The conviction for assault in the second degree for intent to cause serious physical injury is a lesser-included offense of the conviction of assault in the first degree for intent to cause...

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