Opinion
October 1, 1991
Appeal from the Supreme Court, New York County (Herbert T. Altman, J.).
The People's evidence overwhelmingly established that defendant shot the deceased as payback for a bad drug deal. Since there was no reasonable view of the evidence that defendant recklessly killed the victim, the court properly refused to charge manslaughter in the second degree as a lesser-included offense of second degree murder (CPL 300.50; People v. Glover, 57 N.Y.2d 61). Furthermore, the court's imposition of the maximum permissible sentence was appropriate in light of defendant's record.
Concur — Milonas, J.P., Ellerin, Kupferman, Ross and Rubin, JJ.