PEOPLE v. LINDSEY


278 A.D.2d 133 (2000)

719 N.Y.S.2d 219

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOAH LINDSEY, Appellant.

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

Decided December 21, 2000.


The court properly declined to charge assault in the third degree as a lesser included offense of assault in the second degree where the integrated testimony of the victim left no reasonable view of the evidence by which the jury could have convicted defendant of the lesser, but not the greater, count (see, People v Negron, 91 N.Y.2d 788).

The court properly exercised its discretion in admitting a piece of rope into evidence...

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