Opinion
Argued January 4, 2000
February 17, 2000
Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered April 23, 1996, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress certain statements made by him to law enforcement officials.
Michael E. Peeples, White Plains, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.
DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly denied the defendant's request for a justification charge (see, Penal Law § 35.15 Penal). Viewing the record in a light most favorable to the defendant, no reasonable view of the evidence would have permitted the jury to conclude that the defendant reasonably believed that he was faced with the imminent use of deadly physical force (see, People v. Reynoso, 73 N.Y.2d 816;People v. McManus, 67 N.Y.2d 541, 549; People v. Padgett, 60 N.Y.2d 142, 144-145; People v. Watts, 57 N.Y.2d 299, 301; People v. Snell, 256 A.D.2d 480; People v. Hayes, 248 A.D.2d 635).
The defendant's remaining contentions are without merit.