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PEOPLE v. NESBITT

No. 28.

20 N.Y.3d 1080 (2013)

988 N.E.2d 478

965 N.Y.S.2d 743

2013 NY Slip Op 1990

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AKIEME NESBITT, Appellant.

Court of Appeals of New York.

Decided March 26, 2013.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( David J. Klem of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Patricia Curran and Grace Vee of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant's trial counsel informed the court (out of the jury's presence, but on the record) that he believed his client had no defense to the counts of the indictment charging assault in the first degree. As a result, counsel neither requested the submission of second degree assault as a lesser included offense nor made any serious effort...

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