People v. Cuatlal

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered December 5, 2012, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People’s contention, the defendant preserved for appellate review his argument that criminally negligent homicide should have been charged as a lesser-included offense of manslaughter in the first degree (see CPL 470.05 [2]). However, the contention is without merit.

To be entitled to a charge on a lesser-included offense, a…