177 A.D.2d 702

The People of the State of New York, Respondent, v Vincent Collins, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered July 14, 1989, 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 imposing sentence.

Ordered that the judgment is affirmed.

The court did not err in refusing to charge manslaughter in the second degree (see, Penal Law § 125.15 [1]) as a lesser included offense of intentional murder (see, Penal Law § 125.25 [1]). Viewed in the light most favorable to the defendant, there is no reasonable view of the evidence which would have supported a finding that the defendant committed the lesser, but not the greater, crime (see, People v Green, 56 NY2d 427; People v Sapp, 163 AD2d 835).

The sentence minutes do not support the defendant’s contentions that the sentencing court improperly considered a charge of which the defendant had been acquitted and improperly considered the leniency he had received from prior sentencing Judges (see, People v Restrepo, 165 AD2d 838; cf., People v Coward, 100 AD2d 628; People v Roberts, 120 AD2d 465). Moreover, the sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80, 85). Thompson, J. P., Harwood, Lawrence and Miller, JJ., concur.

People v. Collins
177 A.D.2d 702

Case Details

Name
People v. Collins
Decision Date
Nov 25, 1991
Citations

177 A.D.2d 702

Jurisdiction
New York

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