Appellate Division of the Supreme Court of New York, 2004

People v. Plowden

Appellate Division of the Supreme Court of New York · Decided March 15, 2004

5 A.D.3d 609; 772 N.Y.S.2d 855; 2004 N.Y. App. Div. LEXIS 2710

Cases that cite this one

3 later published cases cite this decision.

People v. Varughese (Appellate Division of the Supreme Court of New York 2005)
People v. Baranov (Appellate Division of the Supreme Court of New York 2014)
People v. Francis (Appellate Division of the Supreme Court of New York 2006)

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, Suffolk County (Cacciabaudo, J.), rendered February 9, 2000, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court *610properly refused to charge the jury on the defense of justification since no reasonable view of the evidence established the elements of that defense (see People v Reynoso, 73 NY2d 816 [1988]; People v Watts, 57 NY2d 299 [1982]; People v Battee, 308 AD2d 596 [2003], lv denied 1 NY3d 568 [2003]; People v Robinson, 295 AD2d 544 [2002]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Santucci, J.P., Florio, Schmidt and Townes, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.