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PEOPLE v. RODRIGUEZ

295 A.D.2d 544 (2002)

744 N.Y.S.2d 690

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT RODRIGUEZ, Also Known as ORLANDO PILETAS, Appellant.

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

Decided June 17, 2002.

Ordered that the judgment and the amended judgment are affirmed.

Contrary to the People's contention, the defendant preserved for appellate review his contention that the court committed reversible error in failing to charge manslaughter in the second degree as a lesser included offense of the indictment charge of murder in the second degree, as the defense counsel specifically requested (see CPL 470.05 [2]). Nevertheless, we find no error, because considering...

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