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PEOPLE v. HELLIGER

275 A.D.2d 270 (2000)

712 N.Y.S.2d 116

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANSELMO HELLIGER, Defendant-Respondent.

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

Decided August 24, 2000.

As we indicated in an earlier decision in a related CPLR article 78 proceeding (Matter of Morgenthau v Yates, 262 A.D.2d 83, appeal dismissed 93 N.Y.2d 1039), although the court erred in refusing to give an instruction that lesser included offenses be considered only as an alternative after an acquittal of the greater offense (People v Boettcher, 69 N.Y.2d 174

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