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People v. Vandenko

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 2, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
STANISLAV VANDENKO, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered July 19, 2006, convicting him of murder in the second degree, criminal possession of a weapon in the fourth degree, aggravated criminal contempt, and criminal contempt in the second degree, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

FRED T. SANTUCCI, J.P., THOMAS A. DICKERSON, RANDALL T. ENG and CHERYL E. CHAMBERS, JJ.

(Ind. No. 7885/03)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The Supreme Court correctly denied the defendant's request to charge manslaughter in the first degree (see Penal Law § 125.20[1]) as a lesser-included offense of the charge of murder in the second degree (see Penal Law § 125.25[1]). The evidence established that the defendant wrapped a television coaxial cable around the victim's neck three times and tied it tightly in a knot, causing her death. Viewed in the light most favorable to the defendant (see People v Daniel, 37 AD3d 731; People v Hartman, 4 AD3d 22, 25), there is no reasonable view of the evidence that would support a finding that he intended to cause the victim serious physical injury, but did not intend to cause her death (see CPL 300.50[1]; People v Seabrooks, 27 AD3d 494; People v Maldonado, 5 AD3d 505; People v Gauze, 3 AD3d 538; People v Crawford, 231 AD2d 431, 432).

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

20100202

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