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PEOPLE v. BASCIANO

54 A.D.3d 637 (2008)

864 N.Y.S.2d 20

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN BASCIANO, Appellant.

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

September 25, 2008.

The court properly granted the People's request to submit second-degree assault under Penal Law § 120.05 (1) (causing serious physical injury) to the jury as a lesser included offense of first-degree assault under Penal Law § 120.10 (1) (causing serious physical injury by means of a dangerous instrument). There was a reasonable view of the evidence (see People v Negron, 91 N.Y.2d 788...

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