Opinion
July 13, 1998
Appeal from the Supreme Court, Kings County (Minardo, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the trial court erred when it refused to consider criminally negligent homicide as an alternative lesser-included offense of depraved mind murder is not preserved for appellate review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19). In any event, in this case of death by strangulation, since no reasonable view of the evidence would have supported the conclusion that the defendant committed the lesser offense but not the greater offense, the trial court acted properly ( see, People v. White, 121 A.D.2d 762).
Mangano, P. J., Copertino, Joy and Florio, JJ., concur.