PEOPLE v. ALVARADO


213 A.D.2d 1013 (1995)

624 N.Y.S.2d 489

The People of the State of New York, Respondent, v. Jose Alvarado, Appellant

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

March 17, 1995


Judgment unanimously affirmed.

Memorandum:

Defendant contends that, because there was no proof that he recklessly caused the death of the victim, Supreme Court erred in submitting the crime of manslaughter in the second degree (Penal Law § 125.15 [1]) to the jury as a lesser included offense of murder in the second degree (Penal Law § 125.25 [2]). There is no merit to that contention. By affirmatively requesting that the court charge manslaughter...

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