PEOPLE v. BUTLER


86 A.D.2d 811 (1982)

The People of the State of New York, Respondent, v. Solomon Butler, Appellant

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

February 18, 1982


The defendant was charged in the indictment with the crime of murder in the second degree based upon the allegation that on February 11, 1979, while acting in concert with one Amos Attiko, he intentionally shot Daryl Wilson to death. At the close of the defendant's case, the prosecutor asked the court to charge manslaughter in the first degree as a lesser included offense. Defense counsel objected to such charge on the ground that the evidence demonstrated that a murder had...

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