Opinion
May 28, 1985
Appeal from the Supreme Court, Kings County (Kooper, J.).
Judgment affirmed.
The eyewitness in question knew the defendant; therefore, the denial of defendant's motion to suppress a station house showup identification of defendant was not error ( People v Gissendanner, 48 N.Y.2d 543). In any event, identification was not an issue in this case, inasmuch as defendant admitted his presence at the crime scene.
By failing to object to the court's failure to charge the jury on the lesser included offense of manslaughter in the second degree prior to deliberations, defendant waived his objection and, therefore, it is not properly preserved for review (CPL 300.50; People v. Contes, 60 N.Y.2d 620). Had objection been made, there was no reasonable view of the evidence upon which the jury could have found defendant had committed reckless manslaughter (CPL 300.50; People v. Green, 56 N.Y.2d 427; People v. Smith, 87 A.D.2d 640). Weinstein, J.P., Rubin, Lawrence and Kunzeman, JJ., concur.