People v. Harris

The defendant’s contention that the Supreme Court should have charged the jury with criminally negligent homicide as a lesser-included offense of murder in the second degree is unpreserved for appellate review (see CPL 300.50 [2]; People v Diaz, 71 AD3d 1158, 1158-1159 [2010]; People v Osorio, 49 AD3d 562, 563 [2008]). In any event, the defendant’s contention is without merit, as there is no reasonable view of the evidence that would support the conclusion that the defendant committed the lesser offense of criminally negligent homicide (see CPL 300.50 [1]; People v Glover, 57 NY2d 61, 63…