Opinion
July 7, 1986
Appeal from the Supreme Court, Kings County (Cohen, J.).
Judgment affirmed.
We find no basis in the record to disturb the hearing court's finding that the defendant made a valid waiver of his Miranda rights prior to making videotaped statements.
We also find to be without merit the defendant's contention that his guilt was not proven beyond a reasonable doubt. The victim unequivocally testified that the defendant twice aimed the gun at him before shooting him in the chest. Other witnesses testified they heard someone say "Shoot him, shoot him", before the gun was fired. Under these circumstances, the jury could reject as incredible the defendant's claim that the shooting was accidental (see, People v Jackson, 117 A.D.2d 623).
Finally, there was no reasonable view of the evidence to support a finding of guilt of reckless endangerment in the first degree, and, accordingly, the trial court did not err in denying the defendant's request to charge that crime as a lesser included offense of the assault count (see, People v Glover, 57 N.Y.2d 61; People v Flores, 113 A.D.2d 899). Thompson, J.P., Rubin, Eiber and Spatt, JJ., concur.