New York Court of Appeals

The People of the State of New York, Respondent v. Glen Van Norstrand, Appellant

February 16, 199585 N.Y.2d 131

Summary

The Court of Appeals held that the trial court erred by refusing to charge the lesser included offense of third degree assault, reversed the Appellate Division's decision, and remanded for a new trial with a charge‑down. Chief Judge Kaye dissented, arguing the trial court was correct.