PEOPLE v. COLE


306 A.D.2d 558 (2003)

761 N.Y.S.2d 346

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. TYRONE COLE, Respondent.

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

Decided June 5, 2003.


Mercure, J.

In November 2000, a grand jury indicted defendant, charging him with the crimes of murder in the second degree, manslaughter in the first degree and manslaughter in the second degree. At trial, the People alleged that defendant strangled Stephen Panza when he refused to pay for two pieces of crack cocaine that defendant attempted to sell him. Defendant presented evidence that the victim died from a cocaine overdose and that his struggle with Panza resulted...

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