People v. DiAntonio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered May 2, 1989, convicting defendant, after a jury trial, of manslaughter in the second degree and sentencing him, as a second felony offender, to an indeterminate term of from 7 Vi to 15 years, unanimously affirmed.
There is no merit to defendant’s claim that he could not be convicted of manslaughter in the second degree, pursuant to Penal Law § 125.15 (1) ("recklessly” causing the death of another), because the evidence at trial supported the view that he had acted It is well settled that the issue of *357intent is a question…
2Cases cited6 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. VelascoNew York Court of Appeals · 1991
- People v. FitzpatrickNew York Court of Appeals · 1976
- People v. SaezNew York Court of Appeals · 1987
- People v. NavaretteAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by1 opinion
- People v. VillarinoAppellate Division of the Supreme Court of the State of New York · 1992