Judgment affirmed and case remanded to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (subd 5).
At the trial, the court charged murder in the second degree, manslaughter in the first degree as a lesser included offense of murder in the second degree, assault in the first degree, criminal possession of a weapon in the second degree, and the defense of justification, but refused to charge manslaughter in the second degree and assault...
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