Opinion
March 15, 1993
Appeal from the Supreme Court, Kings County (Pincus, J.).
Ordered that the judgment and the amended judgment are affirmed.
Contrary to the defendant's contention, the court did not err in refusing to charge manslaughter in the second degree as a lesser-included offense of murder in the second degree, since no reasonable view of the evidence supported such a charge (see, People v. Vanier, 178 A.D.2d 501; People v. Collins, 177 A.D.2d 702; People v. Hernandez, 148 A.D.2d 546). In any event, given the defendant's conviction on the top count of murder in the second degree despite the court's submission of the lesser-included offense of manslaughter in the first degree, the defendant is foreclosed from raising a claim of error in failing to submit manslaughter in the second degree (see, People v. Boettcher, 69 N.Y.2d 174; People v. Tulloch, 179 A.D.2d 794; People v. Cahill, 167 A.D.2d 411).
We find that the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Sullivan, O'Brien and Copertino, JJ., concur.