Opinion
No. 2003-05505.
December 5, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 12, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
Before: Prudenti, P.J., Mastro, Fisher and Lunn, JJ., concur.
Ordered that the judgment is affirmed.
After conducting a Geraci/Sirois hearing ( see People v Geraci, 85 NY2d 359; Matter of Holtzman v Hellenbrand, 92 AD2d 405), the trial court correctly determined that a previously cooperative eyewitness had been rendered unavailable due to threats made by the defendant's brother, at the defendant's initiative or acquiescence ( see People v Cotto, 92 NY2d 68; People v Geraci, supra).
Moreover, the court correctly declined the defendant's request to submit manslaughter in the first degree as a lesser-included offense of intentional murder ( see People v Seabrooks, 27 AD3d 494; People v Moreno, 16 AD3d 438).