The evidence produced at trial which established said negligence need not be reiterated here as it is constituted by all of the findings made both by this court and the appellate division in their respective filed opinions see boland v state of new york supra 161 misc2d 1019 615 nys2d 815 affd 218 ad2d 235 638 nys2d 500 . Brown v state 206 so2d 377 382 fla1968 stated another way a crime is a necessarily lesser included offense if based on the statutes themselves a defendant cannot possibly avoid committing the offense when the other crime in question is perpetrated brown v state 608 so2d 114 116 fla 1st dca 1992 citing state v. Opinion for boland v state 792 p2d 1 brought to you by free law project a non profit dedicated to creating high quality open legal information. Majority opinion at 580 citing state v 591 boland 55 wn app 657 664 65 781 p2d 490 1989 alexander cj dissenting contrary to the majoritys position while stating that location was not dispositive this court held it was a factor to be considered in determining the validity of the intrusion. Boland v state of new york court of claims 04 aug 1969 u edit davis v state appellate division of the supreme court of new york third department 22 may 1967 u edit molyneaux v county of nassau court of appeals of the state of new york 10 jun 1965 u edit molyneaux v county of nassau
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