Opinion
October 31, 1988
Appeal from the Supreme Court, Kings County (Finnegan, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the trial court erred in denying his request that criminally negligent homicide (Penal Law § 125.10) be charged as a lesser included offense of murder in the second degree (Penal Law § 125.25) and manslaughter in the first and second degrees (Penal Law § 125.20, 125.15 Penal) is unpreserved for appellate review. In any event, the contention is without merit, as there was no reasonable view of the evidence which could have supported a finding that the defendant committed the lesser offense but not the greater (see, People v Glover, 57 N.Y.2d 61; CPL 300.50, [2]).
The sentence was neither harsh nor excessive (see, People v Suitte, 90 A.D.2d 80). Lawrence, J.P., Kunzeman, Sullivan and Balletta, JJ., concur.