PEOPLE v. MEDINA


276 A.D.2d 367 (2000)

714 N.Y.S.2d 60

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILSON MEDINA, Appellant.

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

Decided October 19, 2000.


The court properly granted the People's request to charge manslaughter in the first degree as a lesser included offense of murder in the second degree. There was a reasonable view of the evidence that defendant only intended to inflict serious physical injury upon the victim and not cause death, since defendant held the victim as he was being stabbed by the codefendant (see, Penal Law § 20.15). The single stab wound and the circumstances surrounding the incident...

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