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People v. Soto

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 245 (N.Y. App. Div. 1999)

Opinion

Submitted September 27, 1999

November 1, 1999

Susan B. Marhoffer, Mount Kisco, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Florence M. Sullivan, and Solomon Neubort of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, FRED T. SANTUCCI, MYRIAM J. ALTMAN, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barasch, J.), rendered May 26, 1994, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant fired a shotgun twice on a city street during an argument with his girlfriend, causing the death of a bystander. Contrary to the defendant's contention, there is no reasonable view of the evidence that warranted a charge of criminally negligent homicide as a lesser-included offense of manslaughter in the second degree (see, People v. Randolph, 81 N.Y.2d 868 ; People v. Cameron, 244 A.D.2d 350 ).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

BRACKEN, J.P., O'BRIEN, SANTUCCI, and ALTMAN, JJ., concur.


Summaries of

People v. Soto

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 245 (N.Y. App. Div. 1999)
Case details for

People v. Soto

Case Details

Full title:The PEOPLE, etc., respondent v. WILLIAM SOTO, appellant

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

Date published: Nov 1, 1999

Citations

266 A.D.2d 245 (N.Y. App. Div. 1999)
697 N.Y.S.2d 653

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