Opinion
November 25, 1991
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
The court did not err in refusing to charge manslaughter in the second degree (see, Penal Law § 125.15) as a lesser included offense of intentional murder (see, Penal Law § 125.25). Viewed in the light most favorable to the defendant, there is no reasonable view of the evidence which would have supported a finding that the defendant committed the lesser, but not the greater, crime (see, People v. Green, 56 N.Y.2d 427; People v Sapp, 163 A.D.2d 835).
The sentence minutes do not support the defendant's contentions that the sentencing court improperly considered a charge of which the defendant had been acquitted and improperly considered the leniency he had received from prior sentencing Judges (see, People v. Restrepo, 165 A.D.2d 838; cf., People v. Coward, 100 A.D.2d 628; People v. Roberts, 120 A.D.2d 465). Moreover, the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 85). Thompson, J.P., Harwood, Lawrence and Miller, JJ., concur.