New York Court of Appeals
The People of the State of New York ex rel. James Gray v. Erdogan Tekben, as Director, Mid-Hudson Psychiatric Institute
July 2, 198257 N.Y.2d 651
Summary
The Court affirmed the order, holding that assault in the third degree is not a lesser included offense of assault in the second degree because the latter can be committed without the intent to cause injury, making the petitioner's detention unlawful.