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277 A.D.2d 247

People v. Davis

Appellate Division of the Supreme Court of the State of New York · decided 2000-11-06

Decided 2000-11-06

¶1—Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered July 21, 1998, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3The trial court properly refused to charge manslaughter in the first degree as a lesser-included offense of intentional mur*248der. There was no reasonable view of the evidence from which the jury could have determined that the defendant intended to seriously injure but not to kill (see, CPL 300.50 [1]).

¶4The defendant’s remaining contentions are without merit. Mangano, P. J., Ritter, S. Miller and H. Miller, JJ., concur.

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