People v. Dimiceli

Appellate Division of the Supreme Court of New York

People v. Dimiceli

104 A.D.2d 1047, 480 N.Y.S.2d 955, 1984 N.Y. App. Div. LEXIS 20485

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 29, 1984

StatusPublished

This text of 104 A.D.2d 1047 (People v. Dimiceli) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dimiceli, 104 A.D.2d 1047, 480 N.Y.S.2d 955, 1984 N.Y. App. Div. LEXIS 20485 (N.Y. Ct. App. 1984).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), rendered May 17, 1984, convicting him of attempted assault in the second degree and driving while impaired, upon a jury verdict, and sentencing him as a second felony offender to an indeterminate term of IV2 to 3 years’ imprisonment on the attempted assault charge and to a conditional discharge and fine for the offense of driving while impaired.

Judgment affirmed. This case is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5).

Attempted assault in the second degree was properly charged as a lesser included offense of attempted assault in the first degree (see People v Glover, 57 NY2d 61). Titone, J. P., Lazer, Bracken and Boyers, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), rendered May 17, 1984, convicting him of attempted assault in the second degree and driving while impaired, upon a jury verdict, and sentencing him as a second felony offender to an indeterminate term of IV2 to 3 years’ imprisonment on the attempted assault charge and to a conditional discharge and fine for the offense of driving while impaired.

Judgment affirmed. This case is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5).

Attempted assault in the second degree was properly charged as a lesser included offense of attempted assault in the first degree (see People v Glover, 57 NY2d 61). Titone, J. P., Lazer, Bracken and Boyers, JJ., concur.

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Bluebook (online)

104 A.D.2d 1047, 480 N.Y.S.2d 955, 1984 N.Y. App. Div. LEXIS 20485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dimiceli-nyappdiv-1984.

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