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PEOPLE v. COLON

209 A.D.2d 428 (1994)

619 N.Y.S.2d 604

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

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

November 7, 1994

Ordered that the judgment is affirmed.

The issue of whether the court should have charged manslaughter in the first degree as a lesser included offense of intentional murder is academic in this case. This is so because the court informed the jury not to reach the intentional murder charge under count two if it found the defendant guilty of felony murder under count one. The defendant was convicted of felony murder, and,...

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