People v. Dalgetty

Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in refusing to charge manslaughter in the second degree and criminally negligent homicide as lesser included offenses of murder in the second degree. There is no reasonable view of the evidence to support a finding that defendant acted in a reckless or criminally negligent manner rather than an intentional manner (see, People v Irving, 234 AD2d 31, lv denied 89 NY2d 924; People v Perkins, 229 AD2d 981, 982, lv denied 88 NY2d 1023).

There is no merit to defendant’s contention that the court erred in admitting…