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PEOPLE v. LaPETINA

9 N.Y.3d 854 (2007)

872 N.E.2d 1196

840 N.Y.S.2d 890

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK LaPETINA, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 2007.

Attorney(s) appearing for the Case

White & White, New York City (Brendan White and Diarmuid White of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Linda Cantoni and John M. Castellano of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

After a jury trial, defendant was convicted of burglary in the first degree, two counts of assault in the third degree and endangering the welfare of a child. The Appellate Division reversed the assault convictions, concluding that a retrial was warranted due to the trial court's denial of defendant's request for a self-defense charge (Penal Law § 35.15...

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