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PEOPLE v. LAGANA

36 N.Y.2d 71 (1975)

The People of the State of New York, Appellant, v. Eugene Lagana, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1975.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Helman R. Brook of counsel), for appellant.

William Sonenshine for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

Defendant was indicted for murder arising out of the shooting death of Joseph Pendolino. Following a trial, he was found guilty of manslaughter, first degree, which had been submitted to the jury as a lesser included crime. The Appellate Division, holding that the evidence adduced at trial was legally insufficient to warrant a conviction, reversed the judgment...

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