PEOPLE v. VARGAS

2014-11440, Ind. No. 1160/13.

154 A.D.3d 971 (2017)

2017 NY Slip Op 07465

65 N.Y.S.3d 535

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAPHAEL VARGAS, Appellant.

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

Decided October 25, 2017.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Initially, contrary to the defendant's contention, the Supreme Court providently exercised its discretion in refusing to accept the defendant's offer to plead guilty to attempted assault in the first degree as a lesser-included offense of assault in the first degree, charged under count three of the indictment, in full satisfaction of the indictment (see CPL 220.10 [4] [a], [b];...

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