AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE TAVAREZ, Appellant.

Ordered that the judgment is affirmed.

The defendant's claim that the Supreme Court erred in submitting manslaughter in the first degree ( see Penal Law § 125.20) as a lesser-included offense of murder in the second degree ( see Penal Law § 125.25) is waived inasmuch as the defendant did not object to the submission of first-degree manslaughter before the jury retired to deliberate ( see CPL 300.50; People v Mullins, 13 AD3d 397; People v Dunbar, 145 AD2d 501, 502). In any event, a reasonable view of the evidence supports a finding that the defendant intended to cause serious physical injury rather than death ( see CPL 300.50; People v Glover, 57 NY2d 61, 64; People v Pelsey, 60 AD3d 1088; People v Batts, 244 AD2d 345; People v Davis, 181 AD2d 411, 411-412).

The defendant's remaining contention is not preserved for appellate review and, in any event, is without merit.

Use AI to get other relevant cases.

Comments

PEOPLE v. TAVAREZ
(Feb 2, 2010)