People v. Gordon

Judgment, Supreme Court, New York County (Renee White, J.), rendered April 7, 1992, convicting defendant, after a jury trial, of manslaughter in the first degree and sentencing him to a term of 4 to 12 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the defendant, there is no reasonable view of the evidence that defendant acted recklessly and did. not intend to cause serious physical injury (People v Randolph, 81 NY2d 868, 869) and, thus, the court properly refused to charge the jury on second degree manslaughter as a lesser included offense. The evidence,…