Opinion
November 3, 1994
Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).
Defendant's unprovoked firing of a .38 caliber gun at a group of unarmed, retreating youths from the middle of a public thoroughfare was reckless conduct which created a grave risk of death to another person and evinced a depraved indifference to human life. There is no reasonable view of the evidence which would support a finding of reckless manslaughter and the court properly declined to charge a lesser included offense of manslaughter in the second degree (People v. Roe, 74 N.Y.2d 20; People v. Sullivan, 68 N.Y.2d 495; People v. Gomez, 65 N.Y.2d 9; People v. Register, 60 N.Y.2d 270).
We have examined defendant's remaining contention that the prosecutor's summation deprived him of a fair trial, and find it to be without merit.
Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Tom, JJ.