New York Law Review

People v. Lopez, 16 N.Y.3d 582 (2011): Appellate Court’s Power to Reduce Conviction to Lesser Included Offense

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People v. Lopez, 16 N.Y.3d 582 (2011)

An appellate court can modify a judgment by reducing a conviction to a lesser included offense if the evidence is insufficient to support the greater offense, but sufficient to prove guilt of the lesser offense, pursuant to CPL 470.15(2)(a).

Summary

The defendant was convicted of assault in the second degree by a jury. The County Court, reconsidering a motion for a trial order of dismissal, set aside the conviction and entered judgment for attempted assault in the second degree

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