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People v. McLeod

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 2007
833 N.Y.S.2d 131 (N.Y. App. Div. 2007)

Opinion

No. 2004-04753.

March 20, 2007.

Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered April 29, 2004, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and sentencing him to concurrent determinate terms of imprisonment of 25 years for manslaughter in the first degree, 15 years for criminal possession of a weapon in the second degree, and 7 years for criminal possession a weapon in the third degree.

Phillip J. Murphy, Nanuet, N.Y., for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Argiro Kosmetatos of counsel), for respondent.

Before: Crane, J.P., Florio, Fisher and Dickerson, JJ., concur.


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment for manslaughter in the first degree from 25 years to 18 years and criminal possession of a weapon in the second degree from 15 years to 10 years; as so modified, the judgment is affirmed.

The trial court's failure to charge the lesser-included offense of criminally negligent homicide was not error. Because the court charged the lesser-included offense of manslaughter in the second degree, and the defendant was convicted of man-slaughter in the first degree, "the court's refusal to charge the more remote lesser-included offense of criminally negligent homicide cannot be a basis for reversal" ( People v McMurry, 30 AD3d 444).

The sentence imposed was excessive to the extent indicated herein ( see People v Suitte, 90 AD2d 80).

The defendant's remaining contention is without merit.


Summaries of

People v. McLeod

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 2007
833 N.Y.S.2d 131 (N.Y. App. Div. 2007)
Case details for

People v. McLeod

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEE ANTHONY McLEOD…

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

Date published: Mar 20, 2007

Citations

833 N.Y.S.2d 131 (N.Y. App. Div. 2007)
833 N.Y.S.2d 131
2007 N.Y. Slip Op. 2578

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