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PEOPLE v. WALSTON

No. 111

23 N.Y.3d 986 (2014)

14 N.E.3d 377

991 N.Y.S.2d 24

2014 NY Slip Op 4229

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMEL WALSTON, Appellant.

Court of Appeals of New York.

Decided June 12, 2014.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Kendra L. Hutchinson of counsel), for appellant.

Kenneth P. Thompson , District Attorney, Brooklyn ( Rhea A. Grob and Leonard Joblove of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by vacating defendant's conviction of manslaughter in the first degree, with leave to the People to resubmit that charge to a grand jury, and remitting to Supreme Court for resentencing on defendant's conviction of criminal possession of a weapon in the second degree and, as so modified, affirmed.

Defendant was indicted on one count each of murder in the second...

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