Appellate Division of the Supreme Court of New York, 2003

People v. Perez

Appellate Division of the Supreme Court of New York · Decided September 16, 2003

308 A.D.2d 359; 764 N.Y.S.2d 348; 2003 N.Y. App. Div. LEXIS 9389

Cases that cite this one

4 later published cases cite this decision.

People v. Almonte (Appellate Division of the Supreme Court of New York 2026)
People v. Tavares (Appellate Division of the Supreme Court of New York 2026)
People v. Richardson (Appellate Division of the Supreme Court of New York 2021)
People v. Richardson (Appellate Division of the Supreme Court of New York 2021)

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

—Judgment, Supreme Court, Bronx County (Barbara Newman, J.), rendered August 21, 2000, convicting defendant, after *360a jury trial, of manslaughter in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The court properly rejected defendant’s request for a justification charge since there was no reasonable view of the evidence, viewed in a light most favorable to defendant, that would support such a charge (see People v Cox, 92 NY2d 1002 [1998]). Such a defense would have called upon the jury to speculate as to a version of the events that was not supported by any of the testimony (cf. People v Galvin, 65 NY2d 761 [1985]). Similarly, there was no reasonable view of the evidence to support defendant’s request that the court submit the lesser included offense of criminally negligent homicide (see People v Bova, 122 AD2d 798, 799 [1986], lv denied 68 NY2d 810 [1986]).

We perceive no basis for reducing the sentence. Concur— Ellerin, J.P., Williams, Lerner, Friedman and Gonzalez, JJ.

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