Opinion
Argued March 20, 2001.
April 5, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mason, J.), rendered May 12, 1998, convicting him of manslaughter in the first degree, criminal possession of a weapon in the third degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Caroline R. Donhauser of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
We disagree with the defendant's contention that he was entitled to a charge of manslaughter in the second degree as a lesser-included offense. Viewing the evidence in the light most favorable to the defendant (see, People v. Martin, 59 N.Y.2d 704), no reasonable view of the evidence would have supported a charge of reckless manslaughter (see, People v. Glover, 57 N.Y.2d 61; People v. Marcus, 228 A.D.2d 702).
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.