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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1989
151 A.D.2d 516 (N.Y. App. Div. 1989)

Opinion

June 5, 1989

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


Ordered that the judgment is affirmed.

The trial court did not err in failing to charge the jury on manslaughter in the second degree as a lesser included count of murder in the second degree, since, under no reasonable view of the evidence could it be said that the defendant recklessly, and not intentionally, caused the death of the victim (People v Green, 56 N.Y.2d 427, 430; People v. Glover, 57 N.Y.2d 61; People v. Vasquez, 104 A.D.2d 429, 430).

We have considered the defendant's remaining contention and find it to be without merit. Thompson, J.P., Brown, Lawrence and Rubin, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1989
151 A.D.2d 516 (N.Y. App. Div. 1989)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY RIVERA, Appellant

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

Date published: Jun 5, 1989

Citations

151 A.D.2d 516 (N.Y. App. Div. 1989)
542 N.Y.S.2d 305