Opinion
Argued May 10, 1999
June 21, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lebowitz, J.), rendered June 3, 1997, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Daniel Ashworth of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Cynthia Kean of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not err in refusing to charge the jury on manslaughter in the second degree as a lesser-included offense of murder in the second degree. Viewing the evidence in the light most favorable to the defendant ( see, People v. Martin, 59 N.Y.2d 704, 705), there is no reasonable view of the evidence which would support a finding that the defendant committed the lesser offense, but not the greater ( see, People v. Ford, 62 N.Y.2d 275, 281).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.