People v. Brown

—Judgment unanimously affirmed. Memorandum: Defendant’s appellate counsel and defendant in his pro se supplemental brief contend that Supreme Court erred in refusing to charge criminally negligent homicide as a lesser included offense of manslaughter in the second degree. We disagree. Although criminally negligent homicide can be a lesser included offense of manslaughter in the second degree (see, People v Heide, 84 NY2d 943, 944), there is no reasonable view of the evidence to support a finding that defendant committed the lesser offense but not the greater. The record establishes that…