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PEOPLE v. KITT

93 A.D.2d 77 (1983)

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

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

April 7, 1983

Attorney(s) appearing for the Case

Robert M. Pitler of counsel (Marc Frazier Scholl with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Kenneth J. Aronson of counsel (Julia Pamela Heit, attorney), for respondent.

KUPFERMAN, CARRO and KASSAL, JJ., concur with MURPHY, P. J.; SANDLER, J., concurs in a separate opinion.

MURPHY, P. J.

At the original trial, defendant was convicted of manslaughter in the first degree (Penal Law, § 125.20). On May 20, 1982, this court reversed and ordered a new trial (86 A.D.2d 465). Judge FUCHSBERG denied the motion for leave to appeal on July 9, 1982 (57 N.Y.2d 678). In the interim, the case had been assigned to Part 80. On July 12, 1982, the defendant posted bail in the sum of $50,000 and he was...

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