New York Court of Appeals

The People of the State of New York v. Mitchell Randolph

March 30, 199381 N.Y.2d 868

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that the trial court correctly refused a jury instruction on criminally negligent homicide as a lesser‑included offense of second‑degree manslaughter because the evidence showed the defendant acted with recklessness, which necessarily includes criminal negligence, and no reasonable view of the evidence would allow a finding of the lesser offense without the greater.