People v. West

—Judgment unani*948mously affirmed. Memorandum: We reject defendant’s contention that County Court erred in refusing to charge manslaughter in the second degree as a lesser included offense of murder in the second degree. Although manslaughter in the second degree is a lesser included offense of murder in the second degree, no reasonable view of the evidence would support a finding that defendant committed the lesser offense but not the greater (see, People v McMillion, 181 AD2d 997, lv denied 80 NY2d 835). Defendant stabbed the victim 13 times in the neck and chest, strangled her, left an ice…