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PEOPLE v. SANTIAGO

70 A.D.2d 539 (1979)

The People of the State of New York, Respondent, v. Luis Hector Santiago, Appellant

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

May 15, 1979

Reversed, on the law, and case remanded for a new trial.

It is well settled that a refusal to charge a lesser included crime is warranted only where every reasonable hypothesis but guilt of the higher crime is excluded. (People v Johnson, 45 N.Y.2d 546, 549; CPL 300.50, subds 1, 2.) At trial, the defendant testified that the decedent had slashed him with a broken beer bottle. Defendant...

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