People v. Daley

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered June 10, 1992, convicting him of murder in the second degree, attempted murder in the second degree, reckless endangerment in the first degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the Supreme Court did not err in refusing to charge manslaughter in the first degree as a lesser included offense of murder in the second degree. It is axiomatic that, in…