People v. Hernandez

It is unnecessary to reach the defendant’s contention that the trial court’s refusal to charge manslaughter in the first degree as a lesser-included offense of intentional murder constituted error, as the defendant was acquitted of intentional murder but convicted of depraved indifference murder (see People v Tate, 275 AD2d 380). In any event, the trial court did not err when it refused to instruct the jury with respect to manslaughter in the first degree as a lesser-included offense of intentional murder, or manslaughter in the second degree as a lesser-included offense of depraved…