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PEOPLE v. DRISLANE

9 A.D.2d 932 (1959)

The People of the State of New York, Respondent, v. William Drislane, True Name William James Drislane, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 28, 1959

Judgment affirmed.

No opinion. No separate appeal lies from the intermediate order, which has been reviewed on the appeal from the judgment of conviction.

Kleinfeld, J., dissents and votes to reverse the judgment and to order a new trial, with the following memorandum.

In my opinion, the trial court committed prejudicial error (a) by failing to instruct the jury that it could find appellant guilty of manslaughter in the second degree under...

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