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People v. Medina

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1988
136 A.D.2d 572 (N.Y. App. Div. 1988)

Opinion

January 11, 1988

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


Ordered that the judgment is affirmed.

A defendant is entitled to a charge on a lesser included offense if a reasonable view of the evidence would support a finding that the defendant committed the lesser offense and not the greater (People v Green, 56 N.Y.2d 427; People v Ivisic, 95 A.D.2d 307). The trial court correctly found that the conflicting versions of the facts adduced at trial supported either a finding of an accidental stabbing or of an intentional stabbing resulting in the death of the victim, but that no evidence of recklessness existed which would support a charge of manslaughter in the second degree as a lesser included offense to murder in the second degree.

The sentence imposed was not excessive and should remain undisturbed. Mangano, J.P., Brown, Lawrence and Sullivan, JJ., concur.


Summaries of

People v. Medina

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1988
136 A.D.2d 572 (N.Y. App. Div. 1988)
Case details for

People v. Medina

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL MEDINA…

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

Date published: Jan 11, 1988

Citations

136 A.D.2d 572 (N.Y. App. Div. 1988)

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