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PEOPLE v. TATE

275 A.D.2d 380 (2000)

712 N.Y.S.2d 414

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHANE TATE, Appellant.

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

Decided August 14, 2000.

Ordered that the judgment is affirmed.

It is unnecessary to reach the defendant's contention that the court's refusal to charge manslaughter in the first degree as a lesser-included offense of intentional murder constituted error, as the defendant was acquitted of intentional murder but convicted of depraved indifference murder (see, People v Colon, 209 A.D.2d 428). In any event...

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