PEOPLE v. TALOUTE


159 A.D.2d 739 (1990)

The People of the State of New York, Respondent, v. Lucille Taloute, Appellant

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

March 26, 1990


Ordered that the judgment is affirmed.

The defense argues that the trial court erred in not considering the lesser included offense of criminally negligent homicide in the defendant's trial for murder in the second degree. This contention is clearly without merit. Defense counsel never requested the trial court to consider criminally negligent homicide as a lesser included offense. In the absence of such a request, the court's failure to consider that offense does...

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