People v. Balay

Judgment, Supreme Court, New York County, rendered April 1, 1974, convicting defendant, after trial, of the crimes of assault in the first and second degrees and felonious possession of a weapon, unanimously modified, on the law, to the extent of reversing the conviction for assault in the second degree and remanding for a new trial on that one count of the indictment, and, as so modified, the judgment is affirmed. The trial court erred in failing to charge the lesser included offense of assault in the third degree which related to the beating of Torres. The People concede that "the requested…