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PEOPLE v. HOLLOWAY

262 A.D.2d 500 (1999)

693 N.Y.S.2d 153

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN HOLLOWAY, Appellant.

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

Decided June 14, 1999.

Ordered that the judgment is affirmed.

The defendant was charged with murder in the second degree and manslaughter in the first degree. The jury acquitted the defendant of both counts, which were presented in the alternative. The court also charged manslaughter in the second degree as a lesser-included offense of murder in the second degree, but refused to permit the jury to consider criminally negligent homicide as a lesser-included offense of manslaughter in the...

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