People v. Alvaradoajcuc
| Decision Date | 21 September 2016 |
| Citation | 37 N.Y.S.3d 589,2016 N.Y. Slip Op. 06092,142 A.D.3d 1094 |
| Parties | The PEOPLE, etc., respondent, v. Guillermo ALVARADOAJCUC, appellant. |
| Court | New York Supreme Court — Appellate Division |
142 A.D.3d 1094
37 N.Y.S.3d 589
2016 N.Y. Slip Op. 06092
The PEOPLE, etc., respondent,
v.
Guillermo ALVARADOAJCUC, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Sept. 21, 2016.
Laurette Mulry, Riverhead, N.Y. (Louis E. Mazzola and Felice B. Milani of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
MARK C. DILLON, J.P., JEFFREY A. COHEN, BETSY BARROS, and FRANCESCA E. CONNOLLY, JJ.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Toomey, J.), rendered July 15, 2014, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
On the morning of May 7, 2012, the body of a 29–year–old woman was found face down in a ditch near a parking lot in Suffolk County. She was naked from the waist down, with her underwear around
her ankles, and had cuts and bruises to her face, neck, back, torso, knees, and inner thigh. An autopsy confirmed that she had been beaten and then strangled to death for several minutes. The defendant was arrested nine days later, and confessed to having raped and strangled the victim with his belt in the parking lot during the early morning hours of May 6, 2012.
Contrary to the defendant's contention, the County Court properly denied his request to charge manslaughter in the second degree under Penal Law § 125.15(1) (reckless manslaughter) as a lesser-included offense of murder in the second degree under Penal Law § 125.25(1) (intentional murder). “A party who seeks to have a lesser included crime charged to the jury must satisfy a two-pronged inquiry” (People v. Rivera, 23 N.Y.3d 112, 120, 989 N.Y.S.2d 446, 12 N.E.3d 444 ; see People v. Glover, 57 N.Y.2d 61, 63, 453 N.Y.S.2d 660, 439 N.E.2d 376 ). First, “the crime must be a lesser included offense”...
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