Opinion
May 26, 1992
Appeal from the Supreme Court, Kings County (Kreindler, J.).
Ordered that the judgment is affirmed.
The defendant argues that it was error for the Supreme Court to refuse his request to charge the jury on the lesser included offense of manslaughter in the second degree — recklessly causing the death of another. However, viewing the evidence in the light most favorable to the defendant (see, People v. Martin, 59 N.Y.2d 704), we find that no reasonable view of the facts would support a finding that the defendant committed the lesser offense of manslaughter in the second degree (see, CPL 300.50; People v. Green, 56 N.Y.2d 427). Here, the defendant admitted during his testimony that he intentionally shot the victim. There was no evidence indicating that the shooting was merely reckless.
Further, the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.