Legal Opinion
People v. Vargas
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1986PublishedCited by 5 opinions
1Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered June 20, 1984, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the court erred when it refused to charge, as lesser included offenses, manslaughter in the second degree and criminally negligent homicide, is without merit as no reasonable view of the evidence would support a finding that the defendant acted recklessly or negligently (see, People v Coleman, 114 AD2d 906; People v…
2Cases cited5 opinions
- United States v. SalvucciSupreme Court of the United States · 1980
- People v. DuffyNew York Court of Appeals · 1975
- People v. BellAppellate Division of the Supreme Court of the State of New York · 1985
- People v. DuffyAppellate Division of the Supreme Court of the State of New York · 1974
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- Luis Vargas-Sarmiento v. United States Department of Justice, Bureau of Citizenship and Immigration ServicesCourt of Appeals for the Second Circuit · 2006
- People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ShautAppellate Division of the Supreme Court of the State of New York · 1999
- Hemingway v. HendersonDistrict Court, E.D. New York · 1991
- Luis Vargas-Sarmiento v. United States Department of Justice, Bureau of Citizenship and Immigration ServicesCourt of Appeals for the Second Circuit · 2006