PEOPLE v. TATE


128 A.D.2d 652 (1987)

The People of the State of New York, Respondent, v. Otis Tate, Appellant

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

March 9, 1987


Ordered that the judgment is affirmed.

The defendant's conviction of manslaughter in the first degree arose out of the fatal stabbing of Emanuel Stewart on April 18, 1983. At the time of Stewart's death, both he and the defendant were inmates at the Federal prison in Otisville, New York. The defendant argues on appeal, as he did unsuccessfully before the County Court, Orange County, that since the crime was committed within the confines of a Federal prison, the State...

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