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People v. McFadden

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1998
246 A.D.2d 558 (N.Y. App. Div. 1998)

Opinion

January 12, 1998

Appeal from the Supreme Court, Kings County (Gerges, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly declined to charge criminally negligent homicide (Penal Law § 125.10) as a lesser-included offense of manslaughter in the second degree (Penal Law § 125.15). Upon review of the record in the light most favorable to the defendant ( see, People v. Martin, 59 N.Y.2d 704, 705), there was no reasonable view of the evidence which would support a finding that the defendant was unaware of the substantial and unjustifiable risk of death caused by his actions. He stabbed the victim twice. One wound was to the chest, just to the left of the victim's left nipple. The blade went through a rib, punctured the lung, and caused a six-inch deep wound. The other stab was to the left armpit. The blade went through the left ancillary vein and caused a wound between four and one-half and five-inches deep ( see, CPL 300.50; People v. Randolph, 81 N.Y.2d 868; cf., People v. Glover, 57 N.Y.2d 61).

Rosenblatt, J.P., Miller, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. McFadden

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1998
246 A.D.2d 558 (N.Y. App. Div. 1998)
Case details for

People v. McFadden

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE McFADDEN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 12, 1998

Citations

246 A.D.2d 558 (N.Y. App. Div. 1998)
667 N.Y.S.2d 424

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