PEOPLE v. VANDENKO


70 A.D.3d 733 (2010)

892 N.Y.S.2d 866

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANISLAV VANDENKO, Appellant.

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

Decided February 2, 2010.


Ordered that the judgment is affirmed.

The Supreme Court correctly denied the defendant's request to charge manslaughter in the first degree (see Penal Law § 125.20 [1]) as a lesser-included offense of the charge of murder in the second degree (see Penal Law § 125.25 [1]). The evidence established that the defendant wrapped a television coaxial cable around the victim's neck three times and tied it tightly in a knot, causing her death. Viewed...

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