People v. Marcus

Appellate Division of the Supreme Court of New York

People v. Marcus

228 A.D.2d 702, 644 N.Y.2d 975, 644 N.Y.S.2d 975, 1996 N.Y. App. Div. LEXIS 7377

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

DecidedJune 24, 1996

StatusPublished

Cited by2 cases

This text of 228 A.D.2d 702 (People v. Marcus) 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. Marcus, 228 A.D.2d 702, 644 N.Y.2d 975, 644 N.Y.S.2d 975, 1996 N.Y. App. Div. LEXIS 7377 (N.Y. Ct. App. 1996).

Pincite

Opinion

We disagree with the defendant’s contention that he was entitled to a charge of manslaughter in the second degree as a lesser-included offense. Viewing the evidence in the light most favorable to the defendant (see, People v Martin, 59 NY2d 704), there is no reasonable view of the evidence that would have supported a charge of reckless manslaughter (see, e.g., People v Glover, 57 NY2d 61; People v Barden, 194 AD2d 548; People v Bloomfield, 187 AD2d 518; People v Stanley, 185 AD2d 827).

We have considered the defendant’s other arguments and find them to be without merit. O’Brien, J. P., Sullivan, Florio and McGinity, JJ., concur.

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We disagree with the defendant’s contention that he was entitled to a charge of manslaughter in the second degree as a lesser-included offense. Viewing the evidence in the light most favorable to the defendant (see, People v Martin, 59 NY2d 704), there is no reasonable view of the evidence that would have supported a charge of reckless manslaughter (see, e.g., People v Glover, 57 NY2d 61; People v Barden, 194 AD2d 548; People v Bloomfield, 187 AD2d 518; People v Stanley, 185 AD2d 827).

We have considered the defendant’s other arguments and find them to be without merit. O’Brien, J. P., Sullivan, Florio and McGinity, JJ., concur.

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Bluebook (online)

228 A.D.2d 702, 644 N.Y.2d 975, 644 N.Y.S.2d 975, 1996 N.Y. App. Div. LEXIS 7377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marcus-nyappdiv-1996.

Opinion

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