People v. Williams

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NAT WILLIAMS, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 1, 1991

176 A.D.2d 442 (N.Y. App. Div. 1991)

574 N.Y.S.2d 348

Opinion

October 1, 1991

Appeal from the Supreme Court, New York County (Herbert T. Altman, J.).

The People's evidence overwhelmingly established that defendant shot the deceased as payback for a bad drug deal. Since there was no reasonable view of the evidence that defendant recklessly killed the victim, the court properly refused to charge manslaughter in the second degree as a lesser-included offense of second degree murder (CPL 300.50; People v. Glover, 57 N.Y.2d 61). Furthermore, the court's imposition of the maximum permissible sentence was appropriate in light of defendant's record.

Concur — Milonas, J.P., Ellerin, Kupferman, Ross and Rubin, JJ.