PEOPLE v. WEIXEL

Judgment reversed and the information dismissed on the ground that the crime of menacing of which the defendants were convicted did not constitute a lesser degree of any one of the crimes — riot (Penal Law, § 240.05), reckless endangerment (§ 120.20) and resisting arrest (§ 205. 30) — with which they had been charged and on which they had been put to trial (see People v. Moyer, 27 N.Y.2d 252).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.