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PEOPLE v. CATES

6853, 4596/06.

92 A.D.3d 553 (2012)

938 N.Y.S.2d 543

2012 NY Slip Op 1335

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER CATES, SR., Appellant.

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

Decided February 21, 2012.

The court properly declined to charge assault in the third degree as a lesser included offense since there was no reasonable view of the evidence, viewed in a light most favorable to defendant, that he was guilty of that charge but not of either murder or manslaughter. Nothing in either the People's case or defendant's testimony supported a theory that defendant participated in the vicious beating of the victim, but was merely a...

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