PEOPLE v. ROWELL


56 A.D.2d 666 (1977)

The People of the State of New York, Respondent, v. Robert Lee Rowell, Jr., Appellant

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

February 28, 1977


Judgment modified, on the law, by reducing the conviction to one of manslaughter in the second degree and vacating the sentence imposed. As so modified, judgment affirmed, and case remanded to the County Court for resentence.

The facts adduced when the defendant was permitted to change his plea do not supply a factual basis for a finding that defendant was guilty of manslaughter in the first degree, but do support a finding of his guilt of manslaughter in the second...

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