PEOPLE v. KITT


86 A.D.2d 465 (1982)

The People of the State of New York, Respondent, v. Gerald Kitt, Defendant-Appellant

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

May 20, 1982


Attorney(s) appearing for the Case

Julia Pamela Heith, P. C. and Joel Winograd for defendant-appellant.

William J. Comiskey of counsel (Norman Barclay with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Gerald Kitt, appellant pro se.

SANDLER, MARKEWICH, FEIN and MILONAS, JJ., concur.


KUPFERMAN, J. P.

The defendant was convicted, after a jury trial, of manslaughter in the first degree and sentenced as a predicate felon to a term of 12 to 24 years.

The defense was that when the defendant asked the deceased for repayment of money loaned, the deceased began to curse at the defendant and pushed him, with a fight ensuing. The deceased had come out of his apartment on the third floor where the defendant had sought him for the repayment...

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