Opinion
Argued May 29, 2001.
June 25, 2001.
Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered March 1, 1999, convicting him of manslaughter in the first degree, criminal use of a firearm in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree, and criminal possession of a controlled substance in the fifth degree, after a nonjury trial, and imposing sentence.
Stephen J. Pittari, White Plains, N.Y. (Salvatore A. Gaetani of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, HOWARD MILLER, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The trial court properly refused to consider manslaughter in the second degree as a lesser-included offense of either murder in the second degree or manslaughter in the first degree since no reasonable view of the evidence supported such a charge (see, People v. Glover, 57 N.Y.2d 61; People v. Kelly, 221 A.D.2d 661, appeal denied 87 N.Y.2d 974, cert denied 517 U.S. 1200; People v. Evans, 192 A.D.2d 671; People v. Vanier, 178 A.D.2d 501). There is no reasonable view of the evidence that would allow a fact-finder to conclude that the defendant may have acted with a reckless disregard of a substantial risk to the decedent, but not with the intent to seriously injure him (cf., People v. Morel, 213 A.D.2d 497; People v. Cook, 96 A.D.2d 1059).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
RITTER, J.P., FLORIO, H. MILLER and CRANE, JJ., concur.