PEOPLE v. MOULTRIE


5 A.D.3d 241 (2004)

773 N.Y.S.2d 287

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK MOULTRIE, Appellant.

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

March 18, 2004.


The court properly refused defendant's request to charge various lesser included offenses requiring intent to cause physical injury rather than serious physical injury. There was no reasonable view of the evidence that defendant and codefendant's plan to beat their intended victim to the point of prolonged unconsciousness in order to plant contraband on his person that would be discovered when he was in the hospital evinced anything but an intent to cause serious physical...

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