Opinion
April 18, 1988
Appeal from the County Court, Nassau County (Orenstein, J.).
Ordered that the judgment is affirmed.
The hearing record demonstrates that the defendant, a native Vietnamese who had lived in this country for four years prior to the time of his arrest, had a sufficient command of the English language to enable him to understand the immediate import of his Miranda rights. His waiver of those rights was accordingly knowingly and intelligently given and his statements were properly admitted into evidence (see, People v. Williams, 62 N.Y.2d 285; People v. Medina, 123 A.D.2d 331).
We have examined the defendant's numerous contentions regarding the jury charge and have found them all to be without merit. In that regard we note that the court did not err in refusing to charge manslaughter in the second degree (Penal Law § 125.15) as a lesser included offense since there is no reasonable view of the evidence which would have permitted the jury to conclude that the defendant acted recklessly. Nor did the court err in refusing to submit to the jury the issue of whether one Phuc Nguyeh was an accomplice since none of the inferences which could reasonably have been drawn would have established his status as that of an accomplice (see, People v. Vataj, 121 A.D.2d 756, revd on other grounds 69 N.Y.2d 985).
We find nothing in the record warranting a modification of the defendant's sentence. Eiber, J.P., Kooper, Sullivan and Balletta, JJ., concur.