| People v Vega |
| 2009 NY Slip Op 09704 [68 AD3d 665] |
| December 29, 2009 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JohnVega, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Vincent Rivellese of counsel), forrespondent.
Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered January 5,2009, convicting defendant, after a jury trial, of murder in the second degree, and sentencing himto a term of 20 years to life, unanimously affirmed.
The court properly declined to submit manslaughter in the first and second degrees as lesserincluded offenses. There was no reasonable view of the evidence, viewed most favorably todefendant and in connection with his justification defense, that he acted with anything less thanhomicidal intent. Defendant inflicted 49 stab wounds, mostly to his victim's neck and chest. Ofthe 23 stab wounds to the victim's neck, one cut his carotid artery and two severed his jugularvein. The 20 wounds to the victim's chest and back included wounds that penetrated the heart,lung, liver and spleen. Notwithstanding the "principle of deference to the jury on questions ofmens rea" (People v Fernandez, 64AD3d 307, 310 [2009], appeal withdrawn 13 NY3d 796 [2009]), this conduct couldonly be interpreted as evincing a deliberate design to ensure the victim's death, and there was noreasonable view that defendant acted recklessly or only with intent to cause serious physicalinjury (see People v Butler, 84 NY2d 627 [1994]). Concur—Mazzarelli, J.P.,Catterson, Moskowitz, Richter and Manzanet-Daniels, JJ.