Opinion
April 22, 1991
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
There is no merit to the defendant's argument that he was denied a fair trial as a result of the court's refusal to submit to the jury the charge of manslaughter in the second degree (see, Penal Law § 125.15) as a lesser included offense of the second degree murder charge contained in the indictment. The evidence adduced at trial established that during an altercation between two families following a schoolyard fight involving daughters of the respective families, the defendant produced a gun which he fired three or four times at the decedent at close range. Indeed, according to the testimony of one eyewitness, the defendant stood over his fallen victim and shot her in the head. Such conduct does not lead to a reasonable view of the evidence to support a finding that the defendant acted recklessly when he shot the decedent (see, CPL 300.50; People v. Ochoa, 142 A.D.2d 741; People v. Boo Wat Cheung, 141 A.D.2d 556; People v Moore, 135 A.D.2d 839; People v. Quintana, 135 A.D.2d 752). Moreover, even accepting as true the defendant's unlikely theory that he shot and killed the decedent while he was returning fire at the decedent's husband, who was also armed with a gun, there was still no reasonable view of the evidence to support the conclusion that the multiple gunshot wounds sustained by the decedent were inflicted recklessly (see, People v. Williams, 161 A.D.2d 825; People v Medina, 136 A.D.2d 572).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Brown, Sullivan and Miller, JJ., concur.