Opinion
2001-03259
Submitted May 13, 2003.
June 16, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered April 5, 2001, convicting him of murder 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. (Barbara Lerner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, NANCY E. SMITH, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
It is unnecessary to reach the defendant's contention that the trial court erred in refusing to charge manslaughter in the first degree as a lesser-included offense of intentional murder since the defendant was acquitted of intentional murder, and convicted of depraved indifference murder (see People v. Hernandez, 297 A.D.2d 389; People v. Hamilton, 291 A.D.2d 411, 412; People v. Tate, 275 A.D.2d 380). In any event, the trial court properly refused to charge manslaughter in the first degree as a lesser-included offense since a reasonable view of the evidence did not support a finding that the defendant only intended to cause serious physical injury rather than death (see CPL 300.50; People v. Glover, 57 N.Y.2d 61; People v. Wheeler, 257 A.D.2d 673).
PRUDENTI, P.J., RITTER, SMITH and COZIER, JJ., concur.