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PEOPLE v. HUNTLEY

59 N.Y.2d 868 (1983)

The People of the State of New York, Appellant, v. Charles B. Huntley, Respondent.

Court of Appeals of the State of New York.

Decided June 14, 1983.

Attorney(s) appearing for the Case

Richard A. Hennessy, Jr., District Attorney (John A. Cirando, Gail N. Uebelhoer and Michael P. Marmor of counsel), for appellant.

Eric M. Alderman and Gerald T. Barth for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division granting a new trial should be affirmed.

We agree with the Appellate Division that it was error for the trial court to refuse to charge, as requested, a justification defense on the lesser included charge of manslaughter in the second degree. (Penal Law, §§ 125.15, 125.25.)

Since a new trial before a new jury is required by this holding, we do not now...

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