People v. Rivera

Chief Judge Lippman

(dissenting). In my view, there exists a reasonable view of the evidence that would support a finding that defendant acted recklessly, but not intentionally, when he stabbed Edgar Ojeda, and defendant therefore was entitled to submission of the lesser included offense of second-degree manslaughter.

Defendant’s intent has always been the central issue in this case.* The majority’s lengthy opinion boils down to the erroneous assessment that the forensic evidence is conclusive on that issue. It is true that the nature and severity of the victim’s wounds present “strong evidence…