Opinion
April 5, 1993
Appeal from the Supreme Court, Kings County (Lagana, J.).
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in denying his request to charge the jury with the lesser included offense of manslaughter in the first degree. We disagree. There were two eyewitnesses who saw the defendant stab the victim repeatedly. The victim sustained nine stab wounds, including three to the chest, puncturing his heart and lungs, and two stab wounds to the abdomen. There was no evidence of a fight or struggle on the part of the victim. Under these circumstances, we find no reasonable view of the evidence to support the contention that the defendant only intended to injure the victim, and the trial court properly declined to charge manslaughter in the first degree (see, People v Moore, 135 A.D.2d 839; People v Rielly, 190 A.D.2d 695; cf., People v Hayden, 166 A.D.2d 371). Miller, J.P., Ritter, Copertino and Pizzuto, JJ., concur.