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PEOPLE v. ARUZ

253 A.D.2d 592 (1998)

677 N.Y.S.2d 322

The People of the State of New York, Respondent, v. Pete Aruz, Appellant

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

September 3, 1998

Defendant was indicted and tried for the crimes of assault in the first degree and criminal possession of a weapon in the third degree as a result of an incident in which he cut the complainant with a box cutter. At the pre-charge conference, defense counsel requested an instruction on the lesser included offense of assault in the second degree. The prosecutor opposed the instruction, and the court denied the request on the ground...

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