PEOPLE v. AVILES


178 A.D.2d 201 (1991)

The People of the State of New York, Respondent, v. Juan Aviles, Appellant

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

December 12, 1991


Since in our view there is no reasonable view of the evidence to support a finding that defendant committed the lesser offenses of first or second degree manslaughter but not the greater offense of second degree murder and the trial court's determination not to submit the lesser offenses as lesser included offenses was therefore proper (see, People v Glover, 57 N.Y.2d 61, 63), we affirm. While, as the dissent properly notes...

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