Opinion
2000-01117
Submitted October 7, 2003.
November 10, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered January 4, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Monroe A. Semble of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Cameron Kenny and Guy Arcidiacono of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The County Court properly refused to charge the jury on manslaughter in the first degree as a lesser-included offense of the charge of murder in the second degree. There was no reasonable view of the evidence to support a finding that the defendant only intended to inflict serious physical injury on the victim ( see People v. Collins, 290 A.D.2d 457, 458; People v. Butler, 84 N.Y.2d 627, 634-635).
The County Court properly denied the defendant's application, in effect, to amend his CPL 250.10 notice at trial and properly refused to charge the defense of extreme emotional disturbance ( see People v. Almonor, 93 N.Y.2d 571; People v. Romano, 301 A.D.2d 666).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
SANTUCCI, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.