People v. Alvarado

—Judgment unanimously affirmed. Memorandum: Defendant contends that, because there was no proof that he recklessly caused the death of the victim, Supreme Court erred in submitting the crime of manslaughter in the second degree (Penal Law § 125.15 [1]) to the jury as a lesser included offense of murder in the second degree (Penal Law § 125.25 [2]). There is no merit to that contention. By affirmatively requesting that the court charge manslaughter in the second degree as a lesser included offense, defendant waived any claim of error in connection with the submission of that offense to the…