People v. Dabney

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered September 7, 1993, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 121/2 to 25 years, unanimously affirmed.

Viewed in the light most favorable to defendant, there is no reasonable view of the evidence that defendant acted recklessly and did not intend to cause serious physical injury, and thus the court properly refused to charge second-degree manslaughter as a lesser included offense (see, People v Randolph, 81 NY2d 868, 869). The…