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PEOPLE v. ALSTON

104 A.D.2d 653 (1984)

The People of the State of New York, Respondent, v. Ernest Alston, Appellant

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

September 24, 1984

Judgment modified, on the law, by reducing the conviction of murder in the first degree to one of murder in the second degree, sentence vacated thereon, and matter remitted to the Supreme Court, Kings County, for resentencing on that count. As so modified, judgment affirmed.

Because the first degree murder statute under which the defendant was convicted is invalid (People v Davis, 43 N.Y.2d 17, cert den 435 U.S. 998; People...

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