PEOPLE v. BARNES

2013-08726, Ind. No. 9222/09.

136 A.D.3d 665 (2016)

23 N.Y.S.3d 895

2016 NY Slip Op 00679

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS BARNES, Appellant.

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

Decided February 3, 2016.


Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered August 29, 2013, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant preserved for appellate review his argument that manslaughter in the second degree should have been charged as a lesser included offense of murder in the second...

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