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PEOPLE v. MUHAMMAD

162 A.D.2d 988 (1990)

The People of the State of New York, Respondent, v. Tehran Muhammad, Appellant

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

June 22, 1990

Judgment unanimously affirmed.

Memorandum:

From our review of the record, we conclude that the prosecution disproved the defense of justification beyond a reasonable doubt. We conclude also that the sentence imposed is not harsh and excessive. Although it does not appear on the record that the trial court, in this nonjury trial, informed the parties of its intent to consider the lesser included offense of manslaughter...

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