PEOPLE v. DALTON


209 A.D.2d 197 (1994)

618 N.Y.S.2d 530

The People of the State of New York, Respondent, v. Harriot Dalton, Appellant

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

November 3, 1994


Defendant's unprovoked firing of a .38 caliber gun at a group of unarmed, retreating youths from the middle of a public thoroughfare was reckless conduct which created a grave risk of death to another person and evinced a depraved indifference to human life. There is no reasonable view of the evidence which would support a finding of reckless manslaughter and the court properly declined to charge a lesser included offense of manslaughter in the second degree (People v...

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