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PEOPLE v. OLIVERI

29 A.D.3d 330 (2006)

813 N.Y.S.2d 435

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADAM OLIVERI, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN OLIVERI, Appellant.

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

May 4, 2006.

The court properly submitted first-degree manslaughter as a lesser included offense of intentional murder. There was a reasonable view of the evidence that defendants only intended to cause serious physical injury to the victim, given that the shooting occurred during a heated struggle, while the victim was moving and fighting back, and that the victim received a single gunshot wound, under the armpit (see People v Ford,...

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