Opinion
May 22, 1995
Appeal from the Supreme Court, Queens County (Golia, J.).
Ordered that the judgment is modified, on the law, by providing that the sentence imposed upon the defendant's conviction of criminal possession of a weapon in the second degree shall run concurrently to the consecutive sentences imposed upon the defendant's convictions of manslaughter in the first degree and attempted manslaughter in the first degree; as so modified, the judgment is affirmed.
The defendant contends, inter alia, that the trial court erred by denying his request to charge the jury on the affirmative defense of not guilty by reason of mental disease or defect (see, Penal Law § 40.15). We disagree. Viewing the evidence in a light most favorable to the defendant (see, People v White, 79 N.Y.2d 900, 903), the trial court correctly determined that there was no reasonable interpretation of the evidence to support the requested charge. The defendant's own expert testified that the defendant did not lack substantial capacity to know or appreciate the nature and consequences of his conduct or that his conduct was wrong (see, Penal Law § 40.15; People v MacDowell, 133 Misc.2d 944).
However, under the facts of this case, the sentence imposed for the defendant's conviction of criminal possession of a weapon in the second degree must run concurrently with the consecutive sentences imposed for the convictions of manslaughter in the first degree and attempted manslaughter in the first degree, and the defendant's sentence is modified accordingly (see, Penal Law § 70.25).
The defendant's sentence is not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review. Bracken, J.P., Joy, Friedmann and Florio, JJ., concur.