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PEOPLE v. ALMONTE

No. 57.

33 N.Y.3d 1083 (2019)

130 N.E.3d 873

106 N.Y.S.3d 277

2019 NY Slip Op 05185

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMMANUEL ALMONTE, Appellant.

Court of Appeals of New York.

Decided June 27, 2019.

Attorney(s) appearing for the Case

Davis Polk & Wardwell LLP, New York City ( David J. Robles , Avi Gesser and Tyler K. Infinger of counsel), and Janet E. Sabel , The Legal Aid Society, New York City ( Justine M. Luongo and David A. Crow of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Joshua P. Weiss , Nancy D. Killian and Noah J. Chamoy of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Supreme Court properly denied defendant's request to charge the jury on the lesser included offense of assault in the third degree (Penal Law § 120.00[1]). Defendant failed to "show that there [was] a reasonable view of the evidence in the particular case that would support a finding that [he] committed the lesser...

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