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PEOPLE v. CARRASQUILLO

136 A.D.2d 297 (1988)

The People of the State of New York, Respondent, v. Jose Carrasquillo, Appellant

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

April 21, 1988

Attorney(s) appearing for the Case

Nancy Tegtmeier-Sunshine of counsel (Vija Kemanis and Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Sara Bennett of counsel (Philip L. Weinstein, attorney), for appellant.

SANDLER, J. P., ASCH, MILONAS and ROSENBERGER, JJ., concur.

SULLIVAN, J.

Defendant was convicted by a jury of manslaughter in the second degree and sentenced to an indeterminate term of imprisonment of from 1 1/3 to 4 years for the death of Dominick Barberi after a vicious beating in which both he and Robert Turner participated.* The case, however, was submitted to the jury, which so found, on the theory that defendant's actions were the...

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