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PEOPLE v. McGRIER

Ind. No. 3022/17. Appeal No. 15842. Case No. 2019-1438.

205 A.D.3d 431 (2022)

167 N.Y.S.3d 80

2022 NY Slip Op 02958

The People of the State of New York, Respondent, v. Donald McGrier, Appellant.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel) and Weil Gotshal & Manges LLP, New York (Joshua M. Glasser of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Jennifer Westphal of counsel), for respondent.

Concur— Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.

The court correctly declined to submit assault in the third degree as a lesser included offense of assault in the first degree and gang assault in the first degree, because the lesser charge was not supported by a reasonable view of the evidence, viewed most favorably to defendant (see People v Rivera, 23 N.Y.3d 112, 124 [2014]). The key difference between these offenses is that both higher-level offenses require an intent to cause...

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