People v. Butler

Judgment, Supreme Court, Bronx County (Schlesinger, J.), rendered April 3,1980, convicting defendant, after a jury trial, of manslaughter in the first degree, reversed, on the law, and the indictment dismissed. The defendant was charged in the indictment with the crime of murder in the second degree based upon the allegation that on February 11, 1979, while acting in concert with one Amos Attiko, he intentionally shot Daryl Wilson to death. At the close of the defendant’s case, the prosecutor asked the court to charge manslaughter in the first degree as a lesser included offense. Defense…