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PEOPLE v. BROOKS

70 N.Y.2d 896 (1987)

The People of the State of New York, Respondent, v. John Allen Brooks, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1987.

Attorney(s) appearing for the Case

Ann Cypher and Philip L. Weinstein for appellant.

Paul T. Gentile, District Attorney (Kevin D. McCloone of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, and the indictment dismissed with leave to the People to resubmit the count of manslaughter in the first degree if they are so advised (see, People v Mayo, 48 N.Y.2d 245).

We recently held in People v Owens (69 N.Y.2d 585, 587-588) that "[w]hen defense counsel...

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