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PEOPLE v. TISDALE

129 A.D.2d 749 (1987)

The People of the State of New York, Respondent, v. James Tisdale, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 20, 1987

Ordered that the judgment is affirmed.

The trial court properly refused the defendant's request to submit manslaughter in the second degree and criminally negligent homicide to the jury as lesser included offenses. There was no view of the evidence which would support a finding that the defendant acted in a reckless or negligent manner, which would be necessary to find the defendant guilty of those lesser crimes (see...

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