PEOPLE v. HOLMES


196 A.D.2d 555 (1993)

601 N.Y.S.2d 145

The People of the State of New York, Respondent, v. Brandon Holmes, Appellant

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

August 9, 1993


Ordered that the judgment is affirmed.

We find no error in the Supreme Court's denial of the defendant's request to charge manslaughter in the first degree as a lesser-included offense of murder in the second degree (see, Penal Law § 125.20 [1]), since there was no reasonable view of the evidence, when viewed in the light most favorable to the defendant, to support a finding that he intended only to cause serious physical injury rather than to kill the...

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