Appellate Terms of the Supreme Court of New York, 1983

People v. Dixon

Appellate Terms of the Supreme Court of New York · Decided April 25, 1983

120 Misc. 2d 294; 467 N.Y.S.2d 298; 1983 N.Y. Misc. LEXIS 3705

Counsel

APPEARANCES OF COUNSEL, Burton & Burton for appellant. Patrick Henry, District Attorney (.Ronald E. Lipetz of counsel), for respondent.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment of conviction affirmed.

In our opinion, the lower court did not err when, without advising the People or defense counsel that it was considering any lesser included offense to the charge of violating subdivision 3 of section 1192 of the Vehicle and Traffic Law, and without any request to do so, it found defendant guilty of violating subdivision 1 thereof (see Vehicle and Traffic Law, § 1196, subd 1; People v Farmer, 36 NY2d 386).

Farley, P. J., DiPaola and Widlitz, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.