PEOPLE v. BRYANT


8 A.D.3d 151 (2004)

780 N.Y.S.2d 313

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RADIANT BRYANT, Appellant.

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

June 22, 2004.


The court properly declined to submit the lesser included offense of criminally negligent homicide. Even when viewed in the light most favorable to defendant, there is no reasonable view of the evidence that he did not perceive the substantial and unjustifiable risk that handing a knife to the codefendant during a violent struggle with the victim would lead to the victim's death (see People v Randolph, 81 N.Y.2d 868 [1993]; compare...

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