PEOPLE v. GOODWIN


64 A.D.2d 780 (1978)

The People of the State of New York, Respondent, v. Anthony Goodwin, Appellant

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

July 20, 1978


The sole issue raised and to be determined on this appeal is whether manslaughter in the second degree should have been charged as a lesser included offense upon the trial of an indictment alleging felony murder and burglary in the second degree. The jury acquitted defendant of the accusations contained in the indictment, but found him guilty of manslaughter in the first degree which had been charged as a lesser included offense of felony murder. Defendant contends that manslaughter...

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