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People v. Vargas

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1995
212 A.D.2d 553 (N.Y. App. Div. 1995)

Opinion

February 6, 1995

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


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in refusing to charge manslaughter in the second degree as a lesser-included offense of depraved indifference murder. We find, however, that there was no reasonable view of the evidence which would support a finding that the defendant committed the lesser offense but not the greater (see, CPL 300.50; People v. Gomez, 65 N.Y.2d 9; People v. Roe, 74 N.Y.2d 20; People v. Murray, 208 A.D.2d 655; People v. Zebrowski, 198 A.D.2d 716; People v. Ochoa, 142 A.D.2d 741; see also, People v. Butler, 84 N.Y.2d 627). Thompson, J.P., Copertino, Pizzuto and Goldstein, JJ., concur.


Summaries of

People v. Vargas

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1995
212 A.D.2d 553 (N.Y. App. Div. 1995)
Case details for

People v. Vargas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND VARGAS…

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

Date published: Feb 6, 1995

Citations

212 A.D.2d 553 (N.Y. App. Div. 1995)
623 N.Y.S.2d 123

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