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PEOPLE v. JARDIN

61 A.D.2d 759 (1978)

The People of the State of New York, Respondent, v. Evaristo Jardin, Appellant

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

February 16, 1978

There is no doubt from this record that, after some vacillation and change of position, defendant-appellant's counsel as well as the prosecutor both requested the court to charge manslaughter, first degree, as a lesser included count. The circumstances of the fatal shooting of a motorist involved in a postcollision fistfight with defendant were such as to permit of a reasonable view of the evidence to the effect that defendant's...

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