PEOPLE v. HERNANDEZ


148 A.D.2d 546 (1989)

The People of the State of New York, Respondent, v. Roberto Hernandez, Appellant

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

March 13, 1989


Ordered that the judgment is affirmed.

The evidence adduced at the defendant's trial was legally sufficient to prove that he stabbed his wife, strangled her and set fire to their apartment. There was no reasonable view of this evidence which would support a finding that he acted recklessly and the court did not err in refusing his request to submit to the jury the lesser included charge of manslaughter in the second degree (see, CPL 300.50; People v Glover...

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