People v. LaSanta

Appellate Division of the Supreme Court of New York

People v. LaSanta

282 A.D.2d 202, 722 N.Y.S.2d 376, 2001 N.Y. App. Div. LEXIS 3385

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 3, 2001

StatusPublished

This text of 282 A.D.2d 202 (People v. LaSanta) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. LaSanta, 282 A.D.2d 202, 722 N.Y.S.2d 376, 2001 N.Y. App. Div. LEXIS 3385 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered November 6, 1997, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 8V3 to 25 years, unanimously affirmed.

Since defendant did not request submission to the jury of the lesser included offense of manslaughter in the second degree, the court’s failure to submit that charge did not constitute error (CPL 300.50 [2]). In any event, there was no reasonable view of the evidence which would support a finding that defendant caused decedent’s death because of recklessness rather than intent to inflict serious physical injury (see, People v Negron, 91 NY2d 788, 792). In this light, that counsel did not request submission of manslaughter in the second degree did not amount to ineffective assistance (see, People v Smith, 198 AD2d 187, lv denied 83 NY2d 810).

We perceive no basis for reduction of sentence. Concur— Sullivan, P. J., Rosenberger, Mazzarelli, Wallach and Buckley, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered November 6, 1997, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 8V3 to 25 years, unanimously affirmed.

Since defendant did not request submission to the jury of the lesser included offense of manslaughter in the second degree, the court’s failure to submit that charge did not constitute error (CPL 300.50 [2]). In any event, there was no reasonable view of the evidence which would support a finding that defendant caused decedent’s death because of recklessness rather than intent to inflict serious physical injury (see, People v Negron, 91 NY2d 788, 792). In this light, that counsel did not request submission of manslaughter in the second degree did not amount to ineffective assistance (see, People v Smith, 198 AD2d 187, lv denied 83 NY2d 810).

We perceive no basis for reduction of sentence. Concur— Sullivan, P. J., Rosenberger, Mazzarelli, Wallach and Buckley, JJ.

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Bluebook (online)

282 A.D.2d 202, 722 N.Y.S.2d 376, 2001 N.Y. App. Div. LEXIS 3385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lasanta-nyappdiv-2001.

Opinion

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