People v. Bien
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*443Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered January 4, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The County Court properly refused to charge the jury on manslaughter in the first degree as a lesser-included offense of the charge of murder in the second degree. There was no reasonable view of the evidence to support a finding that the defendant only intended to inflict serious physical injury on the victim (see People v Collins, 290 AD2d 457, 458…
2Cases cited5 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. ButlerNew York Court of Appeals · 1994
- People v. AlmonorNew York Court of Appeals · 1999
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2002
- People v. RomanoAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by1 opinion
- Bien v. SmithDistrict Court, E.D. New York · 2008