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People v. Rivers

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 315 (N.Y. App. Div. 1985)

Opinion

November 15, 1985

Appeal from the Wayne County Court, Stiles, J.

Present — Hancock, Jr., J.P., Callahan, Doerr, Pine and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of manslaughter in the second degree (Penal Law § 125.15) for recklessly causing the death of his wife, who was shot in the head with a shotgun in the bedroom of their home on Christmas Day, 1980. Upon our review of the record we find that the evidence was sufficient to establish all elements of the crime of manslaughter in the second degree (see, People v Licitra, 47 N.Y.2d 554). Defendant's voluntary intoxication is no defense to a conviction for reckless manslaughter (see, Penal Law § 15.05).

We have examined defendant's remaining contention and find it to be without merit.


Summaries of

People v. Rivers

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 315 (N.Y. App. Div. 1985)
Case details for

People v. Rivers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY RIVERS, Appellant

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

Date published: Nov 15, 1985

Citations

115 A.D.2d 315 (N.Y. App. Div. 1985)