People v. Mosher

Appellate Division of the Supreme Court of New York

People v. Mosher

172 A.D.2d 1046, 571 N.Y.S.2d 406, 1991 N.Y. App. Div. LEXIS 6308

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

DecidedApril 26, 1991

StatusPublished

Cited by1 cases

This text of 172 A.D.2d 1046 (People v. Mosher) 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. Mosher, 172 A.D.2d 1046, 571 N.Y.S.2d 406, 1991 N.Y. App. Div. LEXIS 6308 (N.Y. Ct. App. 1991).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: There is no reasonable view of the evidence to support the conclusion that defendant acted recklessly rather than intentionally. Thus, the trial court properly denied his request to charge manslaughter in the second degree as a lesser included offense of murder in the second degree (cf., People v Tai, 39 NY2d 894, 895; People v Suarez, 148 AD2d 367; People v Davis, 142 AD2d 791).

We have examined defendant’s remaining arguments on appeal and find them to be lacking in merit. (Appeal from Judgment of Onondaga County Court, Burke, J.—Manslaughter, 1st Degree.) Present—Callahan, J. P., Doerr, Denman, Pine and Lawton, JJ.

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Judgment unanimously affirmed. Memorandum: There is no reasonable view of the evidence to support the conclusion that defendant acted recklessly rather than intentionally. Thus, the trial court properly denied his request to charge manslaughter in the second degree as a lesser included offense of murder in the second degree (cf., People v Tai, 39 NY2d 894, 895; People v Suarez, 148 AD2d 367; People v Davis, 142 AD2d 791).

We have examined defendant’s remaining arguments on appeal and find them to be lacking in merit. (Appeal from Judgment of Onondaga County Court, Burke, J.—Manslaughter, 1st Degree.) Present—Callahan, J. P., Doerr, Denman, Pine and Lawton, JJ.

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Bluebook (online)

172 A.D.2d 1046, 571 N.Y.S.2d 406, 1991 N.Y. App. Div. LEXIS 6308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mosher-nyappdiv-1991.

Opinion

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