Legal Opinion

People v. Bien

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

Decided November 10, 2003PublishedCited by 1 opinion

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

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. ButlerNew York Court of Appeals · 1994
  3. People v. AlmonorNew York Court of Appeals · 1999
  4. People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. RomanoAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by1 opinion

  1. Bien v. SmithDistrict Court, E.D. New York · 2008

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