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PEOPLE v. GOROS

224 A.D.2d 444 (1996)

638 N.Y.S.2d 107

The People of the State of New York, Respondent, v. Dimitrios Goros, Appellant

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

February 5, 1996

Ordered that the judgment is affirmed.

Since the defendant failed to request that the court charge the jury on attempted manslaughter in the first degree as a lesser-included offense of attempted murder in the second degree, based on the affirmative defense of extreme emotional disturbance (Penal Law § 125.25 [1] [a]), the court's failure to so charge did not constitute error (see, CPL 300.50 [2]; People v Feris, 144 A.D.2d 691...

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