PEOPLE v. JAMES


216 A.D.2d 489 (1995)

628 N.Y.S.2d 548

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

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

June 19, 1995


Ordered that the judgment is affirmed.

After a jury trial, the defendant was acquitted of murder in the second degree but convicted of manslaughter in the second degree. We reject the defendant's contention that his sentence was illegal because in sentencing the defendant, the court referred to the defendant's act as a murder. The defendant's sentence of 5 to 15 years was within the statutory guidelines for manslaughter in the second degree (see, Penal Law...

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