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PEOPLE v. SLAUGHTER

34 A.D.2d 50 (1970)

The People of the State of New York, Respondent, v. Henry W. Slaughter, Appellant

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

April 9, 1970.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Herald Price Fahringer of counsel), for appellant.

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

GOLDMAN, P. J., WITMER and GABRIELLI, JJ., concur with BASTOW, J.; MOULE, J., dissents and votes to affirm, in opinion.

BASTOW, J.

An indictment was returned against appellant in October, 1965 charging him with the crime of murder, first degree. Following a jury trial he was convicted of murder, second degree. We reversed and granted a new trial because of prejudicial remarks made by the prosecutor upon the question of appellant's insanity which we found to be a "substantial issue" in the case (28 A.D.2d 1082).

Thereafter appellant...

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