Opinion
2000-10336
Submitted September 10, 2002.
December 30, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered November 8, 2000, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jennifer K. Danburg of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Navid Zareh of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court erred in refusing to charge the jury on manslaughter in the second degree as a lesser-included offense of murder in the second degree and manslaughter in the first degree, is unpreserved for appellate review (see CPL 300.50; CPL 470.05: People v. Ford, 62 N.Y.2d 275; People v. Gonzalez, 150 A.D.2d 603; People v. Mills, 105 A.D.2d 759) . In any event, viewing the evidence in the light most favorable to the defendant (see People v. Martin, 59 N.Y.2d 704), no reasonable view of the evidence would support a finding that the defendant acted recklessly (see People v. Butler, 84 N.Y.2d 627; People v. Collins, 290 A.D.2d 457; People v. James, 284 A.D.2d 549).
FEUERSTEIN, J.P., SMITH, FRIEDMANN and ADAMS, JJ., concur.