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PEOPLE v. FORGIONE

134 A.D.2d 514 (1987)

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

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

November 23, 1987

Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

Viewing the evidence in the light most favorable to the prosecution, we find the eyewitness and expert proof legally sufficient to support the defendant's conviction for manslaughter in the first degree. Moreover, upon the exercise of our factual review power, we are satisfied that the evidence established

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