From Casetext: Smarter Legal Research

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1998
251 A.D.2d 50 (N.Y. App. Div. 1998)

Opinion

June 4, 1998

Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).


The verdict was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). There was ample evidence supporting the recklessness element of manslaughter in the second degree, including evidence that, after an argument between defendant and her boyfriend, the decedent, defendant told the decedent that she was not "playing" with him and then armed herself with a baseball bat and a knife and came downstairs where she encountered the unarmed decedent, struck him twice with the baseball bat, stabbed him in the neck as he backed away, and failed to call for medical attention. Under the circumstances, the court properly concluded that defendant was aware of and consciously disregarded a substantial and unjustifiable risk to the decedent's life.

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Rosenberger, Ellerin, Nardelli and Andrias, JJ.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1998
251 A.D.2d 50 (N.Y. App. Div. 1998)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIANE SMITH, Appellant

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

Date published: Jun 4, 1998

Citations

251 A.D.2d 50 (N.Y. App. Div. 1998)
673 N.Y.S.2d 666