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People v. Searles

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 894 (N.Y. App. Div. 1987)

Opinion

June 29, 1987

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


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the defendant, there is no reasonable view of the evidence which would support a finding that he acted recklessly when he inflicted fatal stab wounds upon the victim. Thus, the defendant was not entitled to the submission to the jury of manslaughter in the second degree as a lesser included offense of murder in the second degree (see, People v Martin, 59 N.Y.2d 704; People v Glover, 57 N.Y.2d 61; People v Green, 56 N.Y.2d 427, rearg denied 57 N.Y.2d 775).

In addition, we find that the sentence imposed does not constitute an abuse of discretion (see, People v Farrar, 52 N.Y.2d 302, 305; People v Suitte, 90 A.D.2d 80, 86-87). Thompson, J.P., Weinstein, Eiber and Sullivan, JJ., concur.


Summaries of

People v. Searles

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 894 (N.Y. App. Div. 1987)
Case details for

People v. Searles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO SEARLES…

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

Date published: Jun 29, 1987

Citations

131 A.D.2d 894 (N.Y. App. Div. 1987)

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