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PEOPLE v. CONNELLY

32 A.D.3d 863 (2006)

821 N.Y.S.2d 614

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL CONNELLY, Appellant.

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

September 12, 2006.

Ordered that the judgment is affirmed.

The trial court correctly declined to submit manslaughter in the second degree as a lesser-included offense of depraved indifference murder since there was no reasonable view of the evidence that the defendant committed the lesser offense without having committed the greater offense (see CPL 300.50 [1]; People v Glover, 57 N.Y.2d 61 [1982]; People v James,

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