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PEOPLE v. STANFIELD

44 A.D.2d 780 (1974)

The People of the State of New York, Respondent, v. Robert Stanfield, Appellant

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

May 2, 1974

We hold it to have been error on this trial for manslaughter, second degree (Penal Law, § 125.15, subd. 1), for the court to have refused the request made both by prosecution and defense that criminally negligent homicide (Penal Law, § 125.10) be charged as a lesser included offense. The case against defendant-appellant was virtually proven entirely out of his own mouth by his voluntary statement to police summoned by him...

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