Opinion
March 10, 1998
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Viewing the evidence in the light most favorable to defendant, there was no reasonable view of the evidence that would support a conviction of second-degree manslaughter but not first-degree manslaughter (see, People v. Randolph, 81 N.Y.2d 868). Thus, the court properly refused to submit second-degree manslaughter as a lesser included offense. The evidence established that, after engaging in a physical altercation, defendant pursued his unarmed, fleeing victim and, at close range, with the intent to cause him at least serious physical injury, twice shot at his victim, striking him once in the chest and mortally wounding him. Without resort to speculation, there was no basis upon which the jury could have made a finding of reckless rather than intentional conduct.
We perceive no abuse of sentencing discretion.
Concur — Nardelli, J. P., Tom, Mazzarelli, Andrias and Saxe, JJ.