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PEOPLE v. MATHURE

111 A.D.2d 876 (1985)

The People of the State of New York, Respondent, v. Khuldib Mathure, Appellant

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

June 17, 1985

Judgment affirmed.

Under the facts of this case, the jury could "conclude that it was not a reasonable possibility" that defendant's "conduct is equally consistent with" an intent to merely seriously injure rather than to kill (People v Bracey, 41 N.Y.2d 296, 302). Therefore, there is no basis for reducing the conviction of murder in the second degree to manslaughter in the first degree, as defendant urges on appeal (cf...

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