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PEOPLE v. WOMACK

292 A.D.2d 402 (2002)

738 N.Y.S.2d 595

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN WOMACK, Appellant.

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

Decided March 4, 2002.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly refused to charge manslaughter in the first degree and manslaughter in the second degree as lesser-included offenses of murder in the second degree. Viewing the evidence in the light most favorable to the defendant (see, People v Martin, 59 N.Y.2d 704), there is no reasonable view of the evidence which would support a finding...

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