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PEOPLE v. ALBINO

104 A.D.2d 317 (1984)

The People of the State of New York, Respondent, v. Harry Albino, Appellant

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

August 9, 1984

Concededly the court erred in failing to submit the defense of justification to the jury with respect to manslaughter in the second degree and assault, both of which charged reckless conduct. (People v Huntley, 59 N.Y.2d 868.) But this error was harmless because the court did submit the justification defense with respect to the charge of manslaughter in the first degree, involving intentional conduct, and the jury by convicting defendant...

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