Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Damel Marcus, Appellant

228 A.D.2d 702644 N.Y.S.2d 975·New York Supreme Court, Appellate Division·1996·NY

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Opinion

The People of the State of New York, Respondent, v Damel Marcus, Appellant. [644 NYS2d 975] [MAJORITY] We disagree with the defendant’s contention that he was entitled to a charge of manslaughter in the second degree as a lesser-included offense. Viewing the evidence in the light most favorable to the defendant (see, People v Martin, 59 NY2d 704), there is no reasonable view of the evidence that would have supported a charge of reckless manslaughter (see, e.g., People v Glover, 57 NY2d 61; People v Barden, 194 AD2d 548; People v Bloomfield, 187 AD2d 518; People v Stanley, 185 AD2d 827). We have considered the defendant’s other arguments and find them to be without merit. O’Brien, J. P., Sullivan, Florio and McGinity, JJ., concur.