Appellate Division of the Supreme Court of New York, 1988

People v. Medina

People v. Medina
Appellate Division of the Supreme Court of New York · Decided January 11, 1988
136 A.D.2d 572; 523 N.Y.S.2d 566; 1988 N.Y. App. Div. LEXIS 7886
People v. Medina

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), *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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