People v. Mitchell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant was convicted of two counts of assault in the second degree (Penal Law § 120.05 [2]) and two counts of criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]). Defendant contends that the conviction of weapons possession should be vacated and those counts of the indictment dismissed as lesser included offenses of assault in the second degree (see, CPL 300.40 [3] [b]). At the outset, we note that this issue is reviewable as a matter of law despite defendant’s failure to preserve it (see, People v Lee, 39 NY2d 388;…
2Cases cited6 opinions
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. PonsNew York Court of Appeals · 1986
- People v. LeeNew York Court of Appeals · 1976
- People v. PerezNew York Court of Appeals · 1978
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- People v. RobertsonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. CurrierAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SolomonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. FarrAppellate Division of the Supreme Court of the State of New York · 1999
3 more not listed; retrieve them via the Exa API.