Opinion
March 25, 1996
Appeal from the Supreme Court, Queens County (Eng, J.).
Ordered that the judgment is affirmed.
The defendant's challenge to the court's refusal to charge manslaughter in the second degree ( see, Penal Law § 125.15) as a lesser-included offense of murder in the second degree ( see, Penal Law § 125.25) is foreclosed by reason of the jury's verdict finding him guilty of murder in the second degree, the crime alleged in the indictment, and its implicit rejection of the lesser-included offense of manslaughter in the first degree ( see, People v Boettcher, 69 N.Y.2d 174, 180; People v Broadie, 221 A.D.2d 352; People v Cruz, 191 A.D.2d 507; People v Hendricks, 191 A.D.2d 584).
We find the sentence imposed is not excessive ( see, People v Suitte, 90 A.D.2d 80). Rosenblatt, J.P., Copertino, Altman and Friedmann, JJ., concur.