People v. Davis

277 A.D.2d 247, 716 N.Y.S.2d 584, 2000 N.Y. App. Div. LEXIS 11290

Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered July 21, 1998, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly refused to charge manslaughter in the first degree as a lesser-included offense of intentional murder. There was no reasonable view of the evidence from which the jury could have determined that the defendant intended to seriously injure but not to kill (see, CPL 300.50 [1]).

The defendant’s remaining contentions are without merit. Mangano, P. J., Ritter, S. Miller and H. Miller, JJ., concur.