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PEOPLE v. HAMILTON

121 A.D.2d 395 (1986)

The People of the State of New York, Respondent, v. James Hamilton, Appellant

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

June 2, 1986

Judgment affirmed.

The defendant was charged in a three-count indictment, with murder in the second degree under Penal Law § 125.25 (1) (intentional murder), murder in the second degree under Penal Law § 125.25 (3) (felony murder), and burglary in the second degree (Penal Law § 140.25). During the trial, the court instructed the jury that if it found the defendant guilty on the felony murder count, it need not deliberate on the separate burglary count...

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