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PEOPLE v. JONES

284 A.D.2d 277 (2001)

726 N.Y.S.2d 853

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL JONES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 28, 2001.

The court properly refused to submit to the jury the lesser included offense of manslaughter in the second degree, since there was no reasonable view of the evidence, viewed most favorably

[284 A.D.2d 278]
to defendant, that defendant was guilty of the lesser offense but not the greater (see, People v Green, 56 N.Y.2d 427, 434). Defendant's testimony did not support a theory of reckless homicide.

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