Appellate Division of the Supreme Court of New York, 2000

People v. Davis

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
People v. Davis

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.

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