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People v. Marcus

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 702 (N.Y. App. Div. 1996)

Opinion

June 24, 1996

Appeal from the Supreme Court, Kings County (Barasch, J.).


Ordered that the judgment is affirmed.

We disagree with the defendant's contention that he was entitled to a charge of manslaughter in the second degree as a lesser-included offense. Viewing the evidence in the light most favorable to the defendant ( see, People v. Martin, 59 N.Y.2d 704), there is no reasonable view of the evidence that would have supported a charge of reckless manslaughter ( see, e.g., People v Glover, 57 N.Y.2d 61; People v. Barden, 194 A.D.2d 548; People v Bloomfield, 187 A.D.2d 518; People v. Stanley, 185 A.D.2d 827).

We have considered the defendant's other arguments and find them to be without merit. O'Brien, J.P., Sullivan, Florio and McGinity, JJ., concur.


Summaries of

People v. Marcus

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 702 (N.Y. App. Div. 1996)
Case details for

People v. Marcus

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMEL MARCUS, Appellant

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

Date published: Jun 24, 1996

Citations

228 A.D.2d 702 (N.Y. App. Div. 1996)
644 N.Y.S.2d 975

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