People v. Albert

The court properly granted the People’s request to charge manslaughter in the first degree as a lesser included offense of murder in the second degree (see, People v Glover, 57 NY2d 61; People v Stevens, 186 AD2d 832). A reasonable view of the evidence supports a finding that the defendant committed the lesser offense of manslaughter in the first degree rather than the greater one of murder in the second degree. As such, the question of the defendant’s intent was properly left for the jury (see, People v Butler, 57 NY2d 664; People v Moran, 246 NY 100; People v Stevens, 186 AD2d 832, supra).…