PEOPLE v. VEGA

1884, 848/07

68 A.D.3d 665 (2009)

2009 NY Slip Op 9704

892 N.Y.S.2d 355

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

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

Decided December 29, 2009.


The court properly declined to submit manslaughter in the first and second degrees as lesser included offenses. There was no reasonable view of the evidence, viewed most favorably to defendant and in connection with his justification defense, that he acted with anything less than homicidal intent. Defendant inflicted 49 stab wounds, mostly to his victim's neck and chest. Of the 23 stab wounds to the victim's neck, one cut his carotid artery and two severed his jugular vein...

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