People v. Collins
| Decision Date | 14 January 2002 |
| Citation | 736 N.Y.S.2d 109,290 A.D.2d 457 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>VINCENT COLLINS, Also Known as BILLY COLLINS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant contends that the Supreme Court erred in refusing to charge the jury on the defenses of justification and extreme emotional disturbance, and on manslaughter in the first degree and manslaughter in the second degree as lesser-included offenses of the charge of murder in the second degree. We disagree.
A court need charge the defense of justification only when a reasonable view of the evidence, viewed in a light most favorable to the defendant, establishes the elements of that defense (see, People v Reynoso, 73 NY2d 816; People v Padgett, 60 NY2d 142, 145; People v Watts, 57 NY2d 299). "The rule is that the jury must be instructed on all claimed defenses which are supported by a reasonable view of the evidence—not by any view of the evidence, however artificial or irrational" (People v Butts, 72 NY2d 746, 750 [emphasis in original]). Here, the medical evidence established that the victim suffered six stab wounds, five of which were to her torso and were deep enough to have been fatal if inflicted alone. One of those wounds penetrated the victim's breastbone, and would have required a significant amount of force. Another wound, which was to the victim's back, penetrated the wall of her heart. A third wound penetrated her liver and stomach. The number, depth, and severity of the wounds inflicted upon the victim belie the defendant's claim that he did not stab her intentionally and that the victim was stabbed while he was fighting to get the knife away from her. In addition, the Medical Examiner testified that the multiple wounds on the victim's hands were consistent with defensive wounds, incurred when a victim tries to protect himself or herself from injury. Accordingly, the defendant was not entitled to a charge on the defense of justification (see, People v Brathwaite, 276 AD2d 707; People v Watson, 231 AD2d 751; People v Victor, 176 AD2d 769).
The defendant's intent to cause the victim's death can be inferred from the fact that he stabbed her six times, and that five of those wounds were severe enough to have been fatal if inflicted alone. Indeed, one wound was to the victim's back, penetrating the wall of her heart. Therefore, the Supreme Court properly refused to charge the jury on manslaughter in the first degree...
To continue reading
Request your trial
-
People v. McIntosh
... ... e.g. People v. Stanford, 87 A.D.3d 1367, 1368, 930 N.Y.S.2d 149 [4th Dept. 2011], lv. denied 18 N.Y.3d 886, 939 N.Y.S.2d 756, 963 N.E.2d 133 [2012] ; People v. Collins, 290 A.D.2d 457, 458, 736 N.Y.S.2d 109 [2d Dept. 2002], lv. denied 97 N.Y.2d 752, 742 N.Y.S.2d 612, 769 N.E.2d 358 [2002] ). Similarly, we conclude that there is a reasonable view of the evidence that defendant, although admittedly acting to protect himself with the knife, did not intend to make ... ...
-
People v. Rivera
... ... Alexis, 65 A.D.3d 1160, 11601161, 885 N.Y.S.2d 340 [2d Dept.2009] [victim's throat slashed 14 times; two wounds severed the jugular vein]; People v. Collins, 290 A.D.2d 457, 458, 736 N.Y.S.2d 109 [2d Dept.2002] [six stab wounds ; five fatal] ). That Ojeda was stabbed twice in the back of his shoulder, as well as once in the front, reinforces the reasonableness of a finding that defendant swung the knife indiscriminately, albeit forcefully, while the ... ...
-
People v. Rivera
... ... Alexis, 65 A.D.3d 1160, 11601161, 885 N.Y.S.2d 340 [2d Dept.2009] [victim's throat slashed 14 times; two wounds severed the jugular vein]; People v. Collins, 290 A.D.2d 457, 458, 736 N.Y.S.2d 109 [2d Dept.2002] [six stab wounds ; five fatal] ). That Ojeda was stabbed twice in the back of his shoulder, as well as once in the front, reinforces the reasonableness of a finding that defendant swung the knife indiscriminately, albeit forcefully, while the ... ...
-
People v. Bey
... ... Under no reasonable view of the evidence could the jury have found that the defendant committed the lesser offense but not the greater ( see People v. Alexis, 65 A.D.3d 1160, 885 N.Y.S.2d 340; People v. Rivera, 2 A.D.3d 542, 767 N.Y.S.2d 881; People v. Collins, 290 A.D.2d 457, 458, 736 N.Y.S.2d 109).The defendant's contention that the prosecutor violated the unsworn witness rule while questioning the rebuttal witness and during summation is unpreserved for appellate review and, in any event, is without merit ( see CPL 470.05[2];71 A.D.3d 1157People v ... ...