People v. Medina — 136 A.D.2d 572

Majority

p. 572

The People of the State of New York, Respondent, v Rafael Medina, Appellant.

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.),

p. 573

rendered March 20, 1986, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

A defendant is entitled to a charge on a lesser included offense if a reasonable view of the evidence would support a finding that the defendant committed the lesser offense and not the greater (People v Green, 56 NY2d 427 ; People v Ivisic, 95 AD2d 307 ). The trial court correctly found that the conflicting versions of the facts adduced at trial supported either a finding of an accidental stabbing or of an intentional stabbing resulting in the death of the victim, but that no evidence of recklessness existed which would support a charge of manslaughter in the second degree as a lesser included offense to murder in the second degree.

The sentence imposed was not excessive and should remain undisturbed. Mangano, J. P., Brown, Lawrence and Sullivan, JJ., concur.

Cases cited

People v. Green 56 NY2d 427 N.Y. 1982-06-23 p. 573
People v. Ivisic 95 AD2d 307 N.Y. App. Div. 1983-09-06 p. 573