Legal Opinion

People v. Munoz

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

Decided October 22, 1996Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (James Leff, J., at jury trial; Franklin Weissberg, J., at sentencing), rendered December 22, 1993, convicting defendant of manslaughter in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The trial court properly denied defendant’s request for a jury charge on reckless manslaughter in the second degree as a lesser included offense of intentional murder in the second degree, as there is no reasonable view of the evidence that would permit a finding that the death was the result of reckless action (see, People v…

2Cases cited2 opinions

  1. People v. ScarboroughNew York Court of Appeals · 1980
  2. People v. ElicierAppellate Division of the Supreme Court of the State of New York · 1995

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