Where, as here, "a court charges the next lesser included offense of the crime alleged in the indictment, but refuses to charge lesser degrees than that ... the defendant's conviction of the crime alleged in the indictment forecloses a challenge to the court's refusal to charge the remote lesser included offenses" (People v Boettcher,
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PEOPLE v. IRIZARRY
2007-01330.
88 A.D.3d 1013 (2011)
931 N.Y.S.2d 882
2011 NY Slip Op 7654
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO IRIZARRY, Appellant.
Appellate Division of the Supreme Court of New York, Second Department.https://leagle.com/images/logo.png
Decided October 25, 2011.
Decided October 25, 2011.
Appellate Division of the Supreme Court of New York, Second Department.
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