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PEOPLE v. NESMITH

36 A.D.3d 463 (2007)

831 N.Y.S.2d 109

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRENCE NESMITH, Appellant.

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

Decided January 11, 2007.

The trial court properly charged manslaughter in the first degree as a lesser included offense of murder in the second degree since there was a reasonable view of the evidence that defendant intended to cause serious physical injury as opposed to death (see People v Butler, 57 N.Y.2d 664 [1982], revg on dissenting op of Sandler, J., 86 A.D.2d 811

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