PEOPLE v. DALGETTY


242 A.D.2d 859 (1997)

663 N.Y.S.2d 457

The People of the State of New York, Respondent, v. Enrico Dalgetty, Appellant

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

September 30, 1997


Judgment unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in refusing to charge manslaughter in the second degree and criminally negligent homicide as lesser included offenses of murder in the second degree. There is no reasonable view of the evidence to support a finding that defendant acted in a reckless or criminally negligent manner rather than an intentional manner (see, People v Irving, 234 A...

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