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PEOPLE v. GRAHAM

36 N.Y.2d 633 (1975)

The People of the State of New York, Appellant-Respondent, v. Burton C. Graham, Respondent-Appellant.

Court of Appeals of the State of New York.

Appeals held in abeyance January 20, 1975.

Decided June 12, 1975.

Attorney(s) appearing for the Case

D. Bruce Crew, III, District Attorney, for appellant-respondent.

James F. Young for respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur; Judge COOKE taking no part.

WACHTLER, J.

In 1961 the defendant was indicted for murder in the first degree and convicted of murder in the second degree. In 1964 the Appellate Division, Third Department (20 A.D.2d 949), held that certain evidence should have been suppressed and without it there was insufficient proof to establish murder in either degree, but enough to sustain a conviction for manslaughter...

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