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PEOPLE v. RICHARD MM.

75 A.D.2d 389 (1980)

The People of the State of New York, Respondent, v. Richard MM., Appellant The People of the State of New York, Respondent, v. Albert MM., Appellant

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

July 10, 1980

Attorney(s) appearing for the Case

Donald J. Shanley for Richard MM., appellant.

E. Stewart Jones, Jr., and Robert M. Cohen for Albert MM., appellant.

Seymour Meadow, District Attorney, for respondent.

SWEENEY, MAIN and MIKOLL, JJ., concur with GREENBLOTT, J. P., HERLIHY, J., dissents and votes to affirm in a separate opinion.

GREENBLOTT, J. P.

Defendants Richard MM. and Albert MM. were charged in a one-count indictment with the crime of manslaughter in the first degree (Penal Law, § 125.20, subd 2). The indictment alleged that on or about December 14, 1977, Richard MM., acting at the direction of and with the assistance of Albert MM., shot and killed John Marmo. Defendants, represented

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