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PEOPLE v. BARR

75 A.D.2d 14 (1980)

The People of the State of New York, Respondent, v. Eldridge Barr, Appellant

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

May 23, 1980

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Ann Pfeiffer of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Glenda K. Brayman of counsel), for respondent.

CALLAHAN and MOULE JJ., concur with SIMONS, J.; CARDAMONE, J. P., and HANCOCK, JR., J., dissent and vote to reverse the judgment and grant a new trial in an opinion by HANCOCK, JR., J.

SIMONS, J.

Defendant was indicted for murder second degree in connection with the stabbing death of Samuel Burton. After a jury trial he was convicted of manslaughter, first degree. Defendant's points on appeal require no discussion except for his contention that the court's charge was erroneous. The dissenters would reverse holding that defendant's due process rights were denied by the instruction that "a man...

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