People v. Marchese

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it *474was legally insufficient to support the defendant’s guilt of manslaughter in the second degree. Penal Law § 125.15 (1) provides that a person is guilty of manslaughter in the second degree when he recklessly causes the death of another. "A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such…