People v. Duncan

l from a judgment of the County Court of Tompkins County, rendered October 30, 1975, upon a verdict convicting defendant of the crime of manslaughter in the second degree. The record contains proof beyond a reasonable doubt to establish that the defendant in the early evening of March 11, 1971 shot and killed one Jerry Williams. The jury acquitted the defendant of the charge of murder for which he had been indicted. The trial court, however, had charged the crime of manslaughter in the second degree and the jury found the defendant guilty thereof. Among other things, the defendant contends…