People v. Holloway

Judgment unanimously affirmed. Memorandum: We conclude that the trial evidence was legally sufficient to support defendant’s conviction for manslaughter in the second degree. We reject defendant’s contention that because he intended to cause harm, he did not act recklessly (see, People v Usher, 39 AD2d 459, affd 34 NY2d 600). Manslaughter in the second degree includes intentional conduct undertaken in gross disregard of a risk of death (People v Walker, 58 AD2d 737, 738).

Viewed most favorably to the People, the evidence shows that prior to defendant’s attack, he and the victim argued over…