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PEOPLE v. MOSHER

172 A.D.2d 1046 (1991)

The People of the State of New York, Respondent, v. Robert K. Mosher, Appellant

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

April 26, 1991

Judgment unanimously affirmed.

Memorandum:

There is no reasonable view of the evidence to support the conclusion that defendant acted recklessly rather than intentionally. Thus, the trial court properly denied his request to charge manslaughter in the second degree as a lesser included offense of murder in the second degree (cf., People v Tai, 39 N.Y.2d 894, 895; People v Suarez, 148...

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