The People of the State of New York v. Enrique Rivera

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the trial judge was correct in refusing to submit a second-degree manslaughter instruction because the record did not show a reckless mental state. The Court reiterated the two‑pronged test for a lesser included offense and applied the "reasonable view of the evidence" standard, finding that the forensic evidence demonstrated intent to cause serious bodily injury. A dissent argued that the evidence could support a finding of recklessness and that the defendant was entitled to the lesser charge. The majority’s decision leaves the first‑degree manslaughter conviction in place.