PEOPLE v. EVANS


192 A.D.2d 671 (1993)

597 N.Y.S.2d 90

The People of the State of New York, Respondent, v. Charles Evans, Jr., Appellant

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

April 19, 1993


Ordered that the judgment is affirmed.

We find that the trial court properly refused to charge manslaughter in the first degree as a lesser-included offense of murder in the second degree, since there was no reasonable view of the evidence to support a finding that the defendant intended to cause serious physical injury rather than kill his victim (see, CPL 300.50 [1]; People v Glover, 57 N...

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