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PEOPLE v. FRAZIER

6 A.D.3d 455 (2004)

776 N.Y.S.2d 294

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARNELL FRAZIER, Appellant.

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

April 5, 2004.

Ordered that the judgment is modified, on the law, by vacating the conviction of murder in the second degree and vacating the sentence imposed thereon, and a new trial is ordered on that count; as so modified, the judgment is affirmed.

On the evening of June 27, 2001, the defendant stabbed the victim to death during an altercation. At trial, the defendant testified that the dispute began when the victim, who had a boa constrictor...

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