People v. Medina

Appellate Division of the Supreme Court of New York

People v. Medina

136 A.D.2d 572, 523 N.Y.S.2d 566, 1988 N.Y. App. Div. LEXIS 7886

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

DecidedJanuary 11, 1988

StatusPublished

Cited by2 cases

This text of 136 A.D.2d 572 (People v. Medina) 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. Medina, 136 A.D.2d 572, 523 N.Y.S.2d 566, 1988 N.Y. App. Div. LEXIS 7886 (N.Y. Ct. App. 1988).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), [573]*573rendered March 20, 1986, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

A defendant is entitled to a charge on a lesser included offense if a reasonable view of the evidence would support a finding that the defendant committed the lesser offense and not the greater (People v Green, 56 NY2d 427; People v Ivisic, 95 AD2d 307). The trial court correctly found that the conflicting versions of the facts adduced at trial supported either a finding of an accidental stabbing or of an intentional stabbing resulting in the death of the victim, but that no evidence of recklessness existed which would support a charge of manslaughter in the second degree as a lesser included offense to murder in the second degree.

The sentence imposed was not excessive and should remain undisturbed. Mangano, J. P., Brown, Lawrence and Sullivan, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), [573]*573rendered March 20, 1986, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

A defendant is entitled to a charge on a lesser included offense if a reasonable view of the evidence would support a finding that the defendant committed the lesser offense and not the greater (People v Green, 56 NY2d 427; People v Ivisic, 95 AD2d 307). The trial court correctly found that the conflicting versions of the facts adduced at trial supported either a finding of an accidental stabbing or of an intentional stabbing resulting in the death of the victim, but that no evidence of recklessness existed which would support a charge of manslaughter in the second degree as a lesser included offense to murder in the second degree.

The sentence imposed was not excessive and should remain undisturbed. Mangano, J. P., Brown, Lawrence and Sullivan, JJ., concur.

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Bluebook (online)

136 A.D.2d 572, 523 N.Y.S.2d 566, 1988 N.Y. App. Div. LEXIS 7886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-medina-nyappdiv-1988.

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