Legal Opinion

People v. LaSanta

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 2001Published

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered November 6, 1997, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 8V3 to 25 years, unanimously affirmed.

Since defendant did not request submission to the jury of the lesser included offense of manslaughter in the second degree, the court’s failure to submit that charge did not constitute error (CPL 300.50 [2]). In any event, there was no reasonable view of the evidence which would support a finding that defendant caused decedent’s death because of recklessness…

2Cases cited2 opinions

  1. People v. NegronNew York Court of Appeals · 1998
  2. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1993

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