People v. Tucker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
*1031Initially, as the People concede, gang assault in the second degree is a lesser included offense of gang assault in the first degree, and assault in the second degree is a lesser included offense of assault in the first degree. Hence, County Court should have submitted the lesser included counts to the jury in the alternative (see CPL 300.40 [3] [b]; 300.50 [4]). After the verdict was rendered, County Court should have dismissed the counts charging lesser included offenses. Accordingly, although no party raised this issue before the trial court, we now dismiss those counts in the interest of…
2Cases cited7 opinions
- People v. McKinnonNew York Court of Appeals · 2010
- People v. GrayAppellate Division of the Supreme Court of the State of New York · 2006
- People v. HamAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HortonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. SleasmanAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by38 opinions
- People v. ThorpeAppellate Division of the Supreme Court of the State of New York · 2016
- People v. PineAppellate Division of the Supreme Court of the State of New York · 2015
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- People v. EkwegbaluAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MaderaAppellate Division of the Supreme Court of the State of New York · 2013
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