Opinion
Argued October 15, 1999
December 2, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered January 9, 1997, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Richard A. Mastrocola of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, Alyson J. Gill, and Sandra Burgos of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, there is no reasonable view of the evidence which would support a finding that he was not aware of the risk of death in holding a loaded shotgun with his finger on the trigger in close proximity to the victim to warrant a charge of criminally-negligent homicide as a lesser-included offense of manslaughter in the second degree (see,People v. Randolph, 81 N.Y.2d 868, 869 ; People v. Green, 56 N.Y.2d 427, 434 ; People v. Cameron, 244 A.D.2d 350 ; People v. Ficaro, 233 A.D.2d 460, 461 ; People v. Stephens, 198 A.D.2d 245, aff'd 84 N.Y.2d 990 ; People v. Williams, 192 A.D.2d 737 ; People v. Jenkins, 176 A.D.2d 348 ).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
O'BRIEN, J.P., KRAUSMAN, FLORIO, and FEUERSTEIN, JJ., concur.