PEOPLE v. EVANS


232 A.D.2d 275 (1996)

648 N.Y.S.2d 556

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

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

October 22, 1996


The trial court properly declined to submit the lesser included offense of second-degree manslaughter, since there was no reasonable view of the evidence that would have supported a finding that the shooting was merely reckless. Given the testimony that the shots were fired during a heated discussion and from a distance of only a few feet, and the fact that two of the bullets entered the victim's body, the only reasonable interpretation is that the shooting was intentional...

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