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PEOPLE v. ROBERTS

2008-04990.

75 A.D.3d 564 (2010)

904 N.Y.S.2d 509

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN ROBERTS, Appellant.

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

Decided July 13, 2010.

Ordered that the judgment is affirmed.

The defendant was convicted of murder in the first degree for the shooting death of the victim, committed during the course of a robbery. The defendant contends that the Supreme Court erred in denying his request to charge the jury with manslaughter in the first degree (see Penal Law § 125.20 [1]) as a lesser-included offense (see CPL 300.50 [1]; People v James, 11 N.Y.3d 886

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