Is an assault in the second degree a lesser included crime under New York State Penal Law?
"New York", United States of America
The following excerpt is from People v. Campbell, 532 N.E.2d 86, 535 N.Y.S.2d 580, 72 N.Y.2d 602 (N.Y. 1988):
3 Because--under the People's construction of Penal Law 120.05(3)--the lesser crime requires an element not required for the greater, attempted assault in the second degree could not, in any event, be a lesser included offense of assault, second degree (CPL 1.20[37]; see, People ex rel. Gray v. Tekben, 57 N.Y.2d 651, 653, 454 N.Y.S.2d 66, 439 N.E.2d 875; People v. Glover, 57 N.Y.2d 61, 64, 453 N.Y.S.2d 660, 439 N.E.2d 376).
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