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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL MEDINA, Appellant.

Ordered that the judgment is affirmed.

A defendant is entitled to a charge on a lesser included offense if a reasonable view of the evidence would support a finding that the defendant committed the lesser offense and not the greater (People v Green, 56 N.Y.2d 427; People v Ivisic, 95 A.D.2d 307). The trial court correctly found that the conflicting versions of the facts adduced at trial supported either a finding of an accidental stabbing or of an intentional stabbing resulting in the death of the victim, but that no evidence of recklessness existed which would support a charge of manslaughter in the second degree as a lesser included offense to murder in the second degree.

The sentence imposed was not excessive and should remain undisturbed. Mangano, J.P., Brown, Lawrence and Sullivan, JJ., concur.

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PEOPLE v. MEDINA
(Jan 11, 1988)