Opinion
March 31, 1986
Appeal from the Supreme Court, Kings County (Moskowitz, J.).
Judgment affirmed.
Our review of the record discloses that the defendant's guilt was proven beyond a reasonable doubt (see, People v. Contes, 60 N.Y.2d 620). The evidence adduced at trial amply supports the conclusion that the defendant repeatedly discharged a shotgun at his victim with intent to kill him. The record further reveals that the defendant was adequately represented by counsel (see, People v. Baldi, 54 N.Y.2d 137) and that he was not deprived of his Sixth Amendment right to a speedy trial (see, People v Taranovich, 37 N.Y.2d 442; cf. People v. Lowry, 107 A.D.2d 716, 717). The court's instruction to the jury after it indicated its inability to reach a verdict, that it should continue to deliberate, was not coercive (see, People v. Pagan, 45 N.Y.2d 725; People v. Pinder, 106 A.D.2d 415); nor did the court err in denying defense counsel's request that the lesser included offense of manslaughter in the second degree be submitted to the jury in light of the lack of evidence supporting such a charge down to the lesser included offense (see, CPL 300.50).
Finally, under the circumstances of this case, the sentence imposed was neither harsh nor excessive. Lazer, J.P., Bracken, Brown and Kooper, JJ., concur.