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PEOPLE v. LEE

35 N.Y.2d 826 (1974)

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

Court of Appeals of the State of New York.

Decided November 21, 1974.

Attorney(s) appearing for the Case

Myron Beldock for appellant.

Eugene Gold, District Attorney (Steven W. Fisher and Roger Bennet Adler of counsel), for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER, RABIN and STEVENS concur; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

MEMORANDUM.

Our examination of the record of this trial in April, 1971, satisfies us that it was error for the Trial Judge to refuse to charge manslaughter in the second degree (Penal Law, § 125.15), in addition to murder first degree (for which defendant was found guilty) (Penal Law, § 125.25, subd. 1), manslaughter first degree (Penal Law, § 125.20), and assault first degree (Penal Law, § 120.10).

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