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PEOPLE v. RANDOLPH

81 N.Y.2d 868 (1993)

The People of the State of New York, Respondent, v. Mitchell Randolph, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1993.

Attorney(s) appearing for the Case

Lisa M. Ferri, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Amy Appelbaum and Roseann B. MacKechnie of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted of manslaughter in the second degree (Penal Law § 125.15) and two weapons charges after he shot and killed a bystander near a fight at a block party. At the conclusion of his trial, the court refused defendant's request that the jury be instructed on criminally negligent homicide (Penal Law § 125.10) as a lesser included...

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