PEOPLE v. GRAY


41 A.D.2d 125 (1973)

The People of the State of New York, Respondent, v. John Frederick Gray, Appellant

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

March 15, 1973.


Attorney(s) appearing for the Case

John W. McCauley for appellant.

R. Case Prime, District Attorney, for respondent.

HERLIHY, P. J., STALEY, JR., SWEENEY and MAIN, JJ., concur.


KANE, J.

This is an appeal from a judgment of the County Court of Warren County, rendered December 10, 1971, upon a verdict convicting defendant of the crimes of manslaughter in the first degree and burglary in the second degree.

Defendant was indicted for the crimes of murder and burglary, second degree, arising out of the fatal shooting of one Russell Kellogg. The facts leading up to this incident present, with a few refinements, the classic...

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