Opinion
1572
September 16, 2003.
Judgment, Supreme Court, Bronx County (Barbara Newman, J.), rendered August 21, 2000, convicting defendant, after a jury trial, of manslaughter in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.
Albert Ceva, for respondent.
Lyssa M. Sampson, for defendant-appellant.
Before: Ellerin, J.P., Williams, Lerner, Friedman, Gonzalez, JJ.
The court properly rejected defendant's request for a justification charge since there was no reasonable view of the evidence, viewed in a light most favorable to defendant, that would support such a charge ( see People v. Cox, 92 N.Y.2d 1002). Such a defense would have called upon the jury to speculate as to a version of the events that was not supported by any of the testimony ( cf. People v. Galvin, 65 N.Y.2d 761). Similarly, there was no reasonable view of the evidence to support defendant's request that the court submit the lesser included offense of criminally negligent homicide ( see People v. Bova, 122 A.D.2d 798, 799, lv denied 68 N.Y.2d 810).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.