PEOPLE v. SMITH

2011-07740.

103 A.D.3d 758 (2013)

959 N.Y.S.2d 446

2013 NY Slip Op 946

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAURELL SMITH, Appellant.

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

February 13, 2013.


Appeal by the defendant from a judgment of the County Court, Westchester County (Warhit, J.), rendered August 9, 2011, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court granted the defendant's request to charge manslaughter in the first degree as a lesser-included offense of murder in the second degree, but refused to also charge manslaughter in the second...

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