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People v. Littlejohn

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1988
141 A.D.2d 850 (N.Y. App. Div. 1988)

Opinion

June 27, 1988

Appeal from the Supreme Court, Queens County (Lakritz, J.).


Ordered that the judgment is affirmed.

The defendant violently struck the complainant in the head with a hatchet. He was convicted, as charged, of attempted murder in the second degree (Penal Law § 110.00, 125.25 Penal [1]) and of assault in the first degree (Penal Law § 120.10). He contends that the charge of assault in the first degree should be dismissed because that crime is a lesser included offense of the crime of attempted murder (see, CPL 300.30; 300.40). Although assault was at one time held to be a lesser included offense of attempted murder (see, People v Rosado, 53 A.D.2d 816; People v Huffman, 60 A.D.2d 962), "[i]n the wake of the Court of Appeals decisions in People v Green ( 56 N.Y.2d 427 [rearg denied 57 N.Y.2d 775]) and People v Glover ( 57 N.Y.2d 61), such is no longer the case" (People v Davis, 95 A.D.2d 837, 838; CPL 300.30). Hence, dismissal is not required. Mangano, J.P., Bracken, Weinstein and Balletta, JJ., concur.


Summaries of

People v. Littlejohn

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1988
141 A.D.2d 850 (N.Y. App. Div. 1988)
Case details for

People v. Littlejohn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALPHONSO LITTLEJOHN…

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

Date published: Jun 27, 1988

Citations

141 A.D.2d 850 (N.Y. App. Div. 1988)

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