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People v. Burroughs

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1996
233 A.D.2d 522 (N.Y. App. Div. 1996)

Opinion

November 25, 1996.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered July 6, 1993, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Before: Thompson, J.P., Joy, Krausman and Luciano, JJ.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15).

Given the facts adduced at trial, it was not error for the court to deny the defendant's request that the lesser-included offense of manslaughter in the second degree be submitted to the jury for its consideration as we find no "reasonable view of the evidence which would support a finding that the defendant committed such lesser offense but did not commit the greater" (CPL 300.50; People v Glover, 57 NY2d 61, 63).

We have considered the defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Burroughs

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1996
233 A.D.2d 522 (N.Y. App. Div. 1996)
Case details for

People v. Burroughs

Case Details

Full title:THE PEOPLE OP THE STATE OF NEW YORK, Respondent, v. SHAMEL BURROUGHS…

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

Date published: Nov 25, 1996

Citations

233 A.D.2d 522 (N.Y. App. Div. 1996)
650 N.Y.S.2d 988