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PEOPLE v. DE JESUS

244 A.D.2d 244 (1997)

664 N.Y.S.2d 293

The People of the State of New York, Respondent, v. Eroildo De Jesus, Appellant

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

November 20, 1997

Since no reasonable view of the trial evidence, when viewed in a light most favorable to defendant, would support a finding that the defendant was guilty of manslaughter in the second degree but not murder in the second degree, the trial court properly denied defendant's request for submission of the former crime as a lesser included offense (People v Green, 56 N.Y.2d 427). The trial evidence unequivocally established that defendant...

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