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PEOPLE v. MURRAY

208 A.D.2d 655 (1994)

618 N.Y.S.2d 230

The People of the State of New York, Respondent, v. Kevin Murray, Appellant

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

October 11, 1994

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in refusing to charge manslaughter in the second degree as a lesser-included offense of depraved indifference murder. We find, however, that there was no reasonable view of the evidence which would support a finding that the defendant committed the lesser offense but not the greater (see, CPL 300.50 [1]; People v Gomez, 65 N.Y.2d 9

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