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PEOPLE v. STRONG

37 N.Y.2d 568 (1975)

The People of the State of New York, Respondent, v. Robert Strong, Also Known as Omar Ali Shereiff, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1975.

Attorney(s) appearing for the Case

Peter L. Yellin, Public Defender (Robert S. Beer of counsel), for appellant.

Jack B. Lazarus, District Attorney (Melvin Bressler of counsel), for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER, FUCHSBERG and COOKE concur with Judge JASEN; Judge GABRIELLI dissents and votes to affirm in a separate opinion.

JASEN, J.

Defendant was charged, in a one-count indictment, with manslaughter in the second degree (Penal Law, § 125.15) for causing the death of Kenneth Goings. At the trial, the defense requested that the court submit to the jury, in addition to the crime charged, the crime of criminally negligent homicide (Penal Law, § 125.10). The court refused, and the jury found defendant guilty as charged.

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