People v. James
Cases that cite this one
3 later published cases cite this decision.
- People v. Bethea (Appellate Division of the Supreme Court of New York 2018)
- People v. Pizarro (Appellate Division of the Supreme Court of New York 2011)
- People v. Davis (Appellate Division of the Supreme Court of New York 2002)
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 (West, J.), rendered March 1, 1999, convicting him of manslaughter in the first degree, criminal use of a firearm in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree, and criminal possession of a controlled substance in the fifth degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court properly refused to consider manslaughter in the second degree as a lesser-included offense of either murder in the second degree or manslaughter in the first degree since no reasonable view of the evidence supported such a charge (see, People v Glover, 57 NY2d 61; People v Kelly, 221 AD2d 661, lv denied 87 NY2d 974, cert denied 517 US 1200; People v Evans, 192 AD2d 671; People v Vanier, 178 AD2d 501). There is no reasonable view of the evidence that would allow a fact-finder to conclude that the defendant may have acted with a reckless disregard of a substantial risk to the decedent, but not with the intent to seriously injure him (cf., People v Morel, 213 AD2d 497; People v Cook, 96 AD2d 1059).
The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). Ritter, J. P., Florio, H. Miller and Crane, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.