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  5. 80 N.Y.2d 997 (1992)
 

PEOPLE v. AVILES

80 N.Y.2d 997 (1992)

The People of the State of New York, Respondent, v. Juan Aviles, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1992.

Attorney(s) appearing for the Case

Kenneth Finkelman, New York City, and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Richard Sheridan and Allen H. Saperstein of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

The trial court refused defense counsel's request to instruct the jury in this case concerning lesser-included crimes, particularly manslaughter in the first degree. Defendant was convicted of murder in the second degree and other related crimes, and the Appellate Division affirmed the judgment of conviction. A Justice of...

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