PEOPLE v. MILITANA


56 A.D.2d 612 (1977)

The People of the State of New York, Respondent, v. Frank Militana, Appellant

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

February 15, 1977


Judgment modified, on the law, by reversing the conviction of manslaughter in the first degree, and the sentence imposed thereon, and new trial ordered as to the said charge. As so modified, judgment affirmed. No findings of fact were 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 criminally negligent homicide, the jury was instructed to consider only...

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