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PEOPLE v. CHUNG

126 A.D.2d 553 (1987)

The People of the State of New York, Respondent, v. Yusung Chung, Appellant

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

January 12, 1987

Ordered that the judgment is affirmed.

On the facts of this case, we do not consider the defendant to have been denied a fair trial by the trial court's failure to consider, in its capacity as the fact finder, the unrequested lesser included offense of manslaughter in the second degree (see, CPL 300.50 [2]). Accordingly, we decline to order a new trial in the interest of justice. We also decline to modify the imposed...

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