People v. Massey

Judgment unanimously affirmed. Memorandum: Defendant, convicted of murder in the second degree, contends that the trial court erred in refusing his request to charge manslaughter in the second degree and criminally negligent homicide as lesser included offenses. We find no error. Viewed in the light most favorable to defendant (People v Martin, 59 NY2d 704, 705), the evidence showed that defendant and Carl Pavone argued, that Pavone tried to wrap a bicycle cable around defendant’s neck, that defendant broke loose, that Pavone fled, that defendant gave chase, that defendant twice caught Pavone…