Opinion
August 10, 1987
Appeal from the Supreme Court, Kings County (Pincus, J.).
Ordered that the judgments are affirmed.
The People sustained their burden of proving the defendant's guilt under indictment No. 4138/84 beyond a reasonable doubt, and the verdict was not against the weight of the evidence (CPL 470.15). While there were certain inconsistencies in the People's witnesses' testimony, our review of the record shows that the inconsistencies were minor and did not render the testimony incredible as a matter of law. We therefore decline to disturb the jury's determination of credibility in favor of the prosecution.
In addition, the court correctly refused to charge the jury on the lesser included offense of manslaughter in the second degree since no reasonable view of the evidence would tend to establish that the defendant's shooting of the victim was reckless (see, People v. Green, 56 N.Y.2d 427, rearg denied 57 N.Y.2d 775).
Finally, the defendant's sentences were appropriate in light of his criminal history and the circumstances involved. Mangano, J.P., Bracken, Kunzeman and Harwood, JJ., concur.