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PEOPLE v. DABNEY

231 A.D.2d 431 (1996)

647 N.Y.S.2d 79

The People of the State of New York, Respondent, v. Bartram Dabney, Appellant

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

September 17, 1996

Viewed in the light most favorable to defendant, there is no reasonable view of the evidence that defendant acted recklessly and did not intend to cause serious physical injury, and thus the court properly refused to charge second-degree manslaughter as a lesser included offense (see, People v Randolph, 81 N.Y.2d 868, 869). The evidence that, clenching a concealed weapon in his fist and without warning or provocation, defendant...

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