People v. Weixel (28 N.Y.2d 738, 1971)

Judgment reversed and the information dismissed on the ground that the crime of menacing of which the defendants were convicted did not constitute a lesser degree of any one of the crimes — riot (Penal Law, § 240.05), reckless endangerment (§ 120.20) and resisting arrest (§ 205. 30)—with which they had been charged and on which they had been put to trial (see People v. Moyer, 27 N Y 2d 252).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.