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PEOPLE v. PORTER

270 A.D.2d 205 (2000)

705 N.Y.S.2d 230

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY PORTER, Appellant.

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

Decided March 30, 2000.

The court properly declined to submit manslaughter in the second degree to the jury as a lesser included offense of depraved indifference murder. In light of the evidence that defendant hit the victim 23 times with a hammer, the jury could not have reasonably found defendant guilty of reckless conduct without at the same time finding that the reckless conduct occurred in circumstances evincing a depraved indifference to life.<...

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