People v. Sapp

Judgment unanimously affirmed. Memorandum: The court did not err in refusing to charge manslaughter in the second degree (Penal Law § 125.15 [1]) as a lesser included offense of intentional murder (Penal Law § 125.25 [1]). Viewed in the light most favorable to defendant (People v Martin, 59 NY2d 704, 705), the evidence showed that defendant shot the decedent three times, twice as he was attempting to flee from defendant. While these facts support an inference of intentional conduct, they do not reasonably support an inference of reckless conduct (see, People v Massey, 148 AD2d 943, lv denied…