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PEOPLE v. McLEOD

38 A.D.3d 798 (2007)

833 N.Y.S.2d 131

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEE ANTHONY McLEOD, Appellant.

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

Decided March 20, 2007.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment for manslaughter in the first degree from 25 years to 18 years and criminal possession of a weapon in the second degree from 15 years to 10 years; as so modified, the judgment is affirmed.

The trial court's failure to charge the lesser-included offense of criminally negligent homicide was not...

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