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People v. Seymour

The People of the State of New York v. James Seymour

People v. Seymour, 143 A.D.2d 1064 (1988)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
October 31, 1988
Citations
143 A.D.2d 1064533 N.Y.S.2d 7511988 N.Y. App. Div. LEXIS 10825

Opinion of the Court

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Finnegan, J.), rendered April 12, 1985, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

*1065 Ordered that the judgment is affirmed.

The defendant’s contention that the trial court erred in denying his request that criminally negligent homicide (Penal Law § 125.10) be charged as a lesser included offense of murder in the second degree (Penal Law § 125.25) and manslaughter in the first and second degrees (Penal Law §§ 125.20, 125.15) is unpreserved for appellate review. In any event, the contention is without merit, as there was no reasonable view of the evidence which could have supported a finding that the defendant committed the lesser offense but not the greater (see, People v Glover, 57 NY2d 61 ; CPL 300.50 [1], [2]).

The sentence was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80 ). Lawrence, J. P., Kunzeman, Sullivan and Balletta, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1991: 119912026peak 1991 · 1

Relies on it most ⓘ

  1. People v. Thomches172 A.D.2d 786 (1991)

Most recent

  1. People v. Thomches172 A.D.2d 786 (1991)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
People v. Suitte, 90 A.D.2d 80 (1982) 7,910
People v. Glover, 439 N.E.2d 376 (N.Y. 1982) 847

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