PEOPLE v. THOMAS


57 A.D.2d 966 (1977)

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

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

May 31, 1977


Judgment reversed, on the law, and new trial ordered.

No questions of fact have been presented for review. Notwithstanding defense counsel's timely request that the court charge the jury as to the elements of manslaughter in the second degree and the defense of justification, the jury was instructed to consider only the crimes of common-law murder, felony murder and manslaughter in the first degree. A fair view of the facts would have permitted the jury to find defendant...

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