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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 247 (N.Y. App. Div. 2000)

Opinion

Argued October 10, 2000.

November 6, 2000.

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered July 21, 1998, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Stephen J. Pittari, White Plains, N.Y. (Salvatore A. Gaetani of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Mary E. Costello and Richard Longworth Hecht of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., DAVID S. RITTER, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court properly refused to charge manslaughter in the first degree as a lesser-included offense of intentional murder. There was no reasonable view of the evidence from which the jury could have determined that the defendant intended to seriously injure but not to kill (see, CPL 300.50).

The defendant's remaining contentions are without merit.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 247 (N.Y. App. Div. 2000)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. DONALD DAVIS, APPELLANT. (IND. NO…

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

Date published: Nov 6, 2000

Citations

277 A.D.2d 247 (N.Y. App. Div. 2000)
716 N.Y.S.2d 584

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