Legal Opinion

People v. Drax

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1998PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: The verdict convicting defendant of murder in the second degree (Penal Law § 125.25 [1]) is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Because there is no reasonable view of the evidence that defendant did not intend to cause death, County Court properly denied defendant’s request to charge manslaughter in the first degree (Penal Law § 125.20 [1]) and manslaughter in the second *1206degree (Penal Law § 125.15 [1]) as lesser included offenses (see, People v Glover, 57 NY2d 61, 63; People v Pinella, 244 AD2d 435, lv…

2Cases cited9 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. GloverNew York Court of Appeals · 1982
  3. People v. VilardiNew York Court of Appeals · 1990
  4. People v. CortijoNew York Court of Appeals · 1987
  5. People v. BurginNew York Court of Appeals · 1976

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. ManziAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. ReedAppellate Division of the Supreme Court of the State of New York · 2000

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