People v. Simmons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Supreme Court properly denied the defendant’s request to charge manslaughter in the first degree and manslaughter in the second degree as lesser-included offenses of murder in the first degree and murder in the second degree (Penal Law § 125.25 [1]). Viewed in the light most favorable to the defendant (see People v Devonish, 6 NY3d 727 [2005]; People v Randolph, 81 NY2d 868 [1993]; People v Vandenko, 70 AD3d 733 [2010]), there is no reasonable view of the evidence that would support a finding that the defendant intended to cause serious physical injury rather than death (see CPL 1.20…
2Cases cited26 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- Allen v. United StatesSupreme Court of the United States · 1896
- People v. GloverNew York Court of Appeals · 1982
- People v. O'RamaNew York Court of Appeals · 1991
- People v. BufordNew York Court of Appeals · 1987
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3Cited by6 opinions
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- MOSTILLER, JIBRAUN M., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 2018
- People v. MostillerAppellate Division of the Supreme Court of the State of New York · 2016
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