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PEOPLE v. IVISIC

95 A.D.2d 307 (1983)

The People of the State of New York, Respondent, v. Tomislav Ivisic, Appellant

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

September 6, 1983

Attorney(s) appearing for the Case

William E. Hellerstein (Thomas H. Busch and Andrew C. Fine of counsel), for appellant.

John J. Santucci, District Attorney (Michael J. Connolly of counsel), for respondent.

DAMIANI, J. P., MANGANO and BOYERS, JJ., concur.

TITONE, J.

Under an indictment filed March 4, 1976, defendant Tomislav Ivisic was charged with murder in the second degree for fatally shooting one Peter Brcic with a loaded pistol. He was also charged under the same indictment with criminal possession of a weapon in the second degree and assault in the second degree. After trial the jury convicted him of manslaughter in the first degree (as a lesser included offense under the second degree murder

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