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PEOPLE v. WEST

203 A.D.2d 947 (1994)

611 N.Y.S.2d 401

The People of the State of New York, Respondent, v. Clifford West, Appellant

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

April 15, 1994

Judgment unanimously affirmed.

Memorandum:

We reject defendant's contention that County Court erred in refusing to charge manslaughter in the second degree as a lesser included offense of murder in the second degree. Although manslaughter in the second degree is a lesser included offense of murder in the second degree, no reasonable view of the evidence would support a finding that defendant committed the lesser...

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