From Casetext: Smarter Legal Research

People v. Long

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 634 (N.Y. App. Div. 1999)

Opinion

March 15, 1999

Appeal from the Supreme Court, Kings County (Vaughan, J.).


Ordered that the judgment is affirmed

The court did not err in refusing to charge the jury on a justification defense because no reasonable view of the evidence supported such a defense ( see, People v. Butts, 72 N.Y.2d 746; People v. Watts, 57 N.Y.2d 299).

The defendant's contention that the trial court erred by not charging the jury with respect to assault in the third degree (Penal Law § 120.00) as a lesser included offense is without merit. The evidence adduced at trial established that the defendant acted intentionally. There was no reasonable view of the evidence from which the jury could have found that the defendant acted recklessly when she slashed the complainant's face and shoulder with a broken glass bottle. Thus, the trial court correctly declined to charge assault in the third degree (Penal Law § 120.00) as a lesser included offense ( see, People v. Zayas, 140 A.D.2d 395; see generally, People v. Van Norstrand, 85 N.Y.2d 131; People v. Glover, 57 N.Y.2d 61).

The defendant's remaining contention is academic.

Bracken, J. P., Thompson, Altman and Krausman, JJ., concur.


Summaries of

People v. Long

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 634 (N.Y. App. Div. 1999)
Case details for

People v. Long

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VIOLA LONG, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 15, 1999

Citations

259 A.D.2d 634 (N.Y. App. Div. 1999)
687 N.Y.S.2d 391

Citing Cases

People v. White

Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against…

People v. Vasquez

155; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1), we nevertheless accord great…