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PEOPLE v. WHITE

1294, 2884/07.

66 A.D.3d 585 (2009)

888 N.Y.S.2d 15

2009 NY Slip Op 7683

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK WHITE, Appellant.

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

Decided October 27, 2009.

The court properly declined to submit third-degree assault as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that the victim's physical injuries were caused by something other than being struck with a glass bottle that shattered in his face (see People v Joseph, 23 A.D.3d 174, 175 [2005], lv denied

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