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PEOPLE v. JAMES

284 A.D.2d 549 (2001)

727 N.Y.S.2d 626

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARKIM JAMES, Appellant.

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

Decided June 25, 2001.

Ordered that the judgment is affirmed.

The trial court properly refused to consider manslaughter in the second degree as a lesser-included offense of either murder in the second degree or manslaughter in the first degree since no reasonable view of the evidence supported such a charge (see, People v Glover, 57 N.Y.2d 61; People v Kelly, 221 A.D.2d 661, lv denied 87 N.Y.2d...

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