PEOPLE v. FRAZIER


291 A.D.2d 211 (2002)

738 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARION FRAZIER, Appellant.

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

Decided February 5, 2002.


The court properly refused to submit manslaughter in the first degree as a lesser included offense of second-degree murder since there was no reasonable view of the evidence, viewed most favorably to defendant, that he merely intended to inflict serious physical injury but not to cause death. Defendant, without provocation and while possessing a motive to kill the victim, squeezed the trigger of a revolver four times at close range, thereby discharging two shots that fatally...

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