Appellate Division of the Supreme Court of New York, 2000

People v. Davis

Appellate Division of the Supreme Court of New York · Decided November 6, 2000

277 A.D.2d 247; 716 N.Y.S.2d 584; 2000 N.Y. App. Div. LEXIS 11290

Cases that cite this one

1 later published case cites this decision.

People v. Davis (Appellate Division of the Supreme Court of New York 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered July 21, 1998, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly refused to charge manslaughter in the first degree as a lesser-included offense of intentional mur*248der. There was no reasonable view of the evidence from which the jury could have determined that the defendant intended to seriously injure but not to kill (see, CPL 300.50 [1]).

The defendant’s remaining contentions are without merit. Mangano, P. J., Ritter, S. Miller and H. Miller, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.