PEOPLE v. EMMICK


136 A.D.2d 892 (1988)

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

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

January 29, 1988


Judgment unanimously reversed on the law and as a matter of discretion in the interest of justice, and indictment dismissed without prejudice, in accordance with the following memorandum: Defendant was indicted for the crime of manslaughter in the second degree for the stabbing death of his brother Jay Emmick. After a jury trial he was found guilty of the lesser included offense of criminally negligent homicide. For reasons stated...

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