Opinion
October 11, 1994
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in refusing to charge manslaughter in the second degree as a lesser-included offense of depraved indifference murder. We find, however, that there was no reasonable view of the evidence which would support a finding that the defendant committed the lesser offense but not the greater (see, CPL 300.50; People v. Gomez, 65 N.Y.2d 9; People v. Roe, 74 N.Y.2d 20; People v. Zebrowski, 198 A.D.2d 716; People v. Ochoa, 142 A.D.2d 741).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J.P., Balletta, Rosenblatt and Florio, JJ., concur.