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PEOPLE v. WALL

34 A.D.2d 215 (1970)

The People of the State of New York, Respondent, v. Thomas Wall, Appellant

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

May 21, 1970.

Attorney(s) appearing for the Case

Nathaniel A. Barrell (Henrietta M. Wolfgang of counsel), for appellant.

Michael F. Dillon, District Attorney (Peter J. Notaro of counsel), for respondent.

GOLDMAN, P. J., GABRIELLI, BASTOW and HENRY, JJ., concur.

WITMER, J.

The question presented on this appeal is whether criminally negligent homicide is a lesser included crime under an indictment for manslaughter in the first degree.

Defendant, Thomas Wall, was indicted for manslaughter of two persons, namely, Fred Perry and Robert or Roberto Perez, by shooting them. There were two counts with respect to the death of Perry and two counts, the 3rd and 4th, with...

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