Citations
- 87 N.Y.2d 1027
- 644 N.Y.S.2d 137
- 666 N.E.2d 1050
Full opinion text
OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed for the reasons stated in so much of the memorandum of the Appellate Division as pertains to charging the lesser included offense (216 AD2d 63).
Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.