PEOPLE v. BROWN

2012-04468, Ind. No. 49/11.

139 A.D.3d 964 (2016)

31 N.Y.S.3d 587

2016 NY Slip Op 03894

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHYRON J. BROWN, Also Known as SHA BANGER, Also Known as SHA EASY, Also Known as OLAH, Appellant.

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

Decided May 18, 2016.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the County Court properly denied his request to have manslaughter in the first degree (Penal Law § 125.20 [1]) charged as a lesser-included offense of murder in the second degree (Penal Law § 125.25 [1]). "To establish entitlement to a lesser included offense charge, the defendant must make two showings. First, it must be shown that the additional offense that he desires to have...

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