People v. Perez , 764 N.Y.S.2d 348 ( 2003 )


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  • —Judgment, Supreme Court, Bronx County (Barbara Newman, J.), rendered August 21, 2000, convicting defendant, after *360a jury trial, of manslaughter in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

    The court properly rejected defendant’s request for a justification charge since there was no reasonable view of the evidence, viewed in a light most favorable to defendant, that would support such a charge (see People v Cox, 92 NY2d 1002 [1998]). Such a defense would have called upon the jury to speculate as to a version of the events that was not supported by any of the testimony (cf. People v Galvin, 65 NY2d 761 [1985]). Similarly, there was no reasonable view of the evidence to support defendant’s request that the court submit the lesser included offense of criminally negligent homicide (see People v Bova, 122 AD2d 798, 799 [1986], lv denied 68 NY2d 810 [1986]).

    We perceive no basis for reducing the sentence. Concur— Ellerin, J.P., Williams, Lerner, Friedman and Gonzalez, JJ.

Document Info

Citation Numbers: 308 A.D.2d 359, 764 N.Y.S.2d 348

Filed Date: 9/16/2003

Precedential Status: Precedential

Modified Date: 1/13/2022