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Court of Appeals of New York


People v. Atkinson, 97

Order of the Appellate Division should be modified by reducing defendant's conviction of depraved indifference murder, Penal Law section 125.25 [2], to manslaughter in the second degree, Penal Law section 125.15 [1]), over the contention that defendant forfeited his right to challenge the sufficiency of his conviction for depraved indifference murder by requesting that the jury be charged on the lesser-included offense of manslaughter in the second degree.

Appellate Information

  • Decided 07/05/2006
  • Published 07/05/2006

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  • Court of Appeals of New York

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