PEOPLE v. SEABROOKS


27 A.D.3d 494 (2006)

810 N.Y.S.2d 331

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVAN SEABROOKS, Appellant.

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

March 7, 2006.


Ordered that the judgment is affirmed.

The defendant shot the victim three times in the chest, at close range, with a .38 caliber revolver. The defendant contends that the Supreme Court erred in denying his request to charge manslaughter in the first degree (Penal Law § 125.20 [1]) as a lesser-included offense of murder in the second degree (Penal Law § 125.25 [1]). He argues that the jury could reasonably have found that by shooting the victim three times...

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