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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY TERRY, Appellant.

Ordered that the judgment is affirmed.

A review of the trial record discloses that the defendant's counsel requested that the court consider, as lesser included offenses, attempted assault in the second degree and attempted criminal possession of a weapon in the third degree in its deliberation. By affirmatively making such a request, the defendant waived his right to later complain of any error that may have occurred in connection with the court's consideration of those offenses (see, People v. Ford, 62 N.Y.2d 275). Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.

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PEOPLE v. TERRY
(Feb 10, 1992)