Opinion
April 26, 1991
Appeal from the Onondaga County Court, Burke, J.
Present — Callahan, J.P., Doerr, Denman, Pine and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: There is no reasonable view of the evidence to support the conclusion that defendant acted recklessly rather than intentionally. Thus, the trial court properly denied his request to charge manslaughter in the second degree as a lesser included offense of murder in the second degree (cf., People v. Tai, 39 N.Y.2d 894, 895; People v Suarez, 148 A.D.2d 367; People v. Davis, 142 A.D.2d 791).
We have examined defendant's remaining arguments on appeal and find them to be lacking in merit.