Opinion
December 18, 1989
Appeal from the Supreme Court, Kings County (Zweibel, J.).
Ordered that the judgment is affirmed.
The defendant challenges the denial of his request for a charge on coercion in the second degree as a lesser included offense of coercion in the first degree.
The defendant testified that he threatened neither the complainant nor her children in any way, but at most, pleaded with her to hide him in her house from the police. Thus, under the defendant's version of facts, no crime occurred. In contrast, the complainant testified that the defendant held complainant's three-month-old child by the feet, and while brandishing a knife, threatened to kill the child if the complainant told the police of the defendant's whereabouts. Under the circumstances, the trial court properly rejected the defendant's request for a charge on the lesser included offense of coercion in the second degree (see, People v Discala, 58 A.D.2d 302, affd 45 N.Y.2d 38; People v Pereau, 99 A.D.2d 591, affd 64 N.Y.2d 1055).
The defendant also challenges his sentence of the maximum indeterminate term of 2 1/3 to 7 years' imprisonment on his conviction for coercion in the first degree. The facts of this case do not justify disturbing the sentence imposed (see, People v Suitte, 90 A.D.2d 80). Sullivan, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.