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PEOPLE v. EVANS
Appellate Division of the Supreme Court of New York, First Department.
Oct 22, 1996
Important Paras
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The trial court properly declined to submit the lesser included offense of second-degree manslaughter, since there was no reasonable view of the evidence that would have supported a finding that the shooting was merely reckless. Given the testimony that the shots were fired during a heated discussion and from a distance of only a few feet, and the fact that two of the bullets entered the victim's body, the only reasonable interpretation is that the shooting was intentional ( see, People v Barden, 194 AD2d 548, lv denied 82 NY2d 707).
"We have considered defendant's remaining contentions and find them to be without merit.
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