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PEOPLE v. SIPP

No. 95 SSM 15.

33 N.Y.3d 1119 (2019)

131 N.E.3d 901

107 N.Y.S.3d 794

2019 NY Slip Op 06432

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DON P. SIPP, Appellant.

Court of Appeals of New York.

Decided August 29, 2019.

Attorney(s) appearing for the Case

J. Scott Porter , Seneca Falls, for appellant.

Mark S. Sinkiewicz , Acting District Attorney, Waterloo, for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. At a jury trial, defendant was convicted of assault in the second degree for slashing his former girlfriend's face and neck with a sharp instrument and repeatedly stomping on her head with his boot-clad foot. His counsel requested that the court charge the jury with assault in the third degree as a lesser-included offense...

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