(Download) "People State New York v. Leonard Green" by Court of Appeals of New York " Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Leonard Green
- Author : Court of Appeals of New York
- Release Date : January 23, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
A crime which as defined by the Penal Law includes as an element defendants mental state can be a lesser included offense of a crime the definition of which requires the same act but a higher mental state, but cannot be a lesser included offense of a crime in the definition of which mental state plays no part. It was, therefore, error for the trial court to refuse defendants request that assault in the second degree be charged under an indictment charging assault in the first degree. The order of the Appellate Division should, therefore, be reversed and a new trial ordered.
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