People v. Augustin

Judgment, Supreme Court, New York County (John Cataldo, J.), rendered September 24, 2001, convicting defendant, after a jury trial, of manslaughter in the second degree and criminal possession of a forged instrument in the second degree, and sentencing him to concurrent terms of 3 to 9 years and 1 to 3 years, respectively, unanimously modified, on the law, to the extent of vacating the forged instrument conviction and dismissing that count of the indictment, and otherwise affirmed.

Since defendant’s challenge to the court’s inclusion of the concept of provocation (Penal Law § 35.15 [1] [a]) in…