The court properly declined to submit manslaughter in the second degree to the jury as a lesser included offense of depraved indifference murder. There was no reasonable view of the evidence, even when viewed most favorably to defendant, that defendant was merely reckless but did not evince a depraved indifference to human life and create a grave risk of death to bystanders when he fired his gun on a crowded street corner (see, People v. Reese, 271 A.D.2d 551, lv denied N.Y.2d [Dec 28, 2000], 2000 N.Y. LEXIS 4375; People v. Dalton, 209 A.D.2d 197, lv denied 85 N.Y.2d 908). The evidence consistently established that at the time of the shooting there were many people at the intersection, including two groups of gang members, that defendant fired his gun at least two times, and that defendant was not pushed until after he fired.

The court properly denied defendant's CPL 330.30(3) motion to set aside the verdict since the purported newly discovered evidence merely intended to impeach or discredit trial testimony (People v. Salemi, 309 N.Y. 208, 215-216, cert denied 350 U.S. 950). Moreover, in view of the overwhelming evidence of defendant's guilt, testimony concerning a prosecution witness's bias against defendant would not have probably changed the result of the trial, particularly since the jury was aware of this bias and the witness's testimony was corroborated by other witnesses (see, People v. Major, 222 A.D.2d 284, lv denied 88 N.Y.2d 989).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.