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PEOPLE v. MALDONADO

5 A.D.3d 505 (2004)

772 N.Y.S.2d 583

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY MALDONADO, Appellant.

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

March 8, 2004.

Ordered that the judgment is affirmed.

The defendant was convicted of murder in the second degree, attempted murder in the second degree, and related charges after shooting two brothers, Victor Ramirez and Jimmy Ramirez, killing the latter. The Supreme Court properly denied the defendant's request to charge manslaughter in the first degree (see Penal Law § 125.20 [1]) as a lesser-included offense of murder in the second degree (see Penal Law §...

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