PEOPLE v. HOUSE


278 A.D.2d 244 (2000)

717 N.Y.S.2d 273

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN HOUSE, Appellant.

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

Decided December 4, 2000.


Ordered that the judgment is affirmed.

The defendant claims that the trial court committed reversible error in denying his request to charge assault in the third degree as a lesser-included offense of assault in the first degree. We disagree. The Court of Appeals has established a two-prong analysis to determine whether a defendant is entitled to a lesser-included offense charge (see, People v Glover, 57 N.Y.2d 61). "First...

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