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154 A.D.2d 619

People v. Jones

Appellate Division of the Supreme Court of the State of New York · decided 1989-10-23

Cited by 3 later decisions — most recently June 2018

3 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1989-10-23

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¶1— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered October 28, 1987, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

¶2*620Ordered that the judgment is affirmed.

¶3Viewing the evidence adduced at trial in a light most favorable to the People (People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]).

¶4Contrary to the defendant’s contention, the court properly charged the jury on manslaughter in the second degree as a lesser included offense of manslaughter in the first degree. There was a reasonable view of the evidence that supported a finding that instead of acting intentionally, the defendant recklessly stabbed the decedent while pushing the decedent away from himself (see, People v Green, 56 NY2d 427; People v Tai, 39 NY2d 894; cf., People v Stokes, 117 AD2d 693).

¶5We have reviewed the defendant’s remaining contentions and find them to be either unpreserved for appellate review or without merit (People v Seldon, 128 AD2d 742; People v Smith, 121 AD2d 754; People v Ashwal, 39 NY2d 105; People v Medina, 123 AD2d 331). Mollen, P. J., Bracken, Rubin and Sullivan, JJ., concur.

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