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PEOPLE v. SMITH

251 A.D.2d 50 (1998)

673 N.Y.S.2d 666

The People of the State of New York, Respondent, v. Diane Smith, Appellant

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

June 4, 1998

The verdict was not against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490). There was ample evidence supporting the recklessness element of manslaughter in the second degree, including evidence that, after an argument between defendant and her boyfriend, the decedent, defendant told the decedent that she was not "playing" with him and then armed herself with a baseball bat and a knife and came downstairs where she...

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