270 A.D.2d 504 705 N.Y.S.2d 288

The People of the State of New York, Respondent, v Lynel A. Parsons, Appellant.

[705 NYS2d 288]

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Kuffner, J.), rendered May 22, 1996, convicting him of murder in the second degree and criminal possession of a *505weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the defendant, we find that the trial court properly denied the defense counsel’s request for a justification charge since “no view of the evidence establishes the basic elements of the defense” (People v Watts, 57 NY2d 299, 301; see also, People v Collice, 41 NY2d 906). Furthermore, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that the People presented sufficient evidence from which a rational jury could find that under circumstances evincing a depraved indifference to human life, the defendant recklessly engaged in conduct which created a grave risk of death to the decedent, and thereby caused the death of the decedent (see, Penal Law § 125.25 [2]; see, e.g., People v Rosario, 208 AD2d 961).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are without merit. O’Brien, J. P., Ritter, Sullivan and Smith, JJ., concur.

People v. Parsons
270 A.D.2d 504 705 N.Y.S.2d 288

Case Details

Name
People v. Parsons
Decision Date
Mar 27, 2000
Citations

270 A.D.2d 504

705 N.Y.S.2d 288

Jurisdiction
New York

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