PEOPLE v. MUNOZ


232 A.D.2d 277 (1996)

648 N.Y.S.2d 99

The People of the State of New York, Respondent, v. Ricardo Munoz, Appellant

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

October 22, 1996


The trial court properly denied defendant's request for a jury charge on reckless manslaughter in the second degree as a lesser included offense of intentional murder in the second degree, as there is no reasonable view of the evidence that would permit a finding that the death was the result of reckless action (see, People v Scarborough, 49 N.Y.2d 364, 368).

The theory of prosecution set forth in the indictment, charging...

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