| People v Tavarez |
| 2010 NY Slip Op 00887 [70 AD3d 732] |
| February 2, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JoseTavarez, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Merri Turk Lasky of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Blumenfeld, J.), rendered September 12, 2007, convicting him of manslaughter in the firstdegree and criminal possession of a weapon in the second degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim that the Supreme Court erred in submitting manslaughter in the firstdegree (see Penal Law § 125.20 [1]) as a lesser-included offense of murder in thesecond degree (see Penal Law § 125.25 [1]) is waived inasmuch as the defendantdid not object to the submission of first-degree manslaughter before the jury retired to deliberate(see CPL 300.50 [1]; People vMullins, 13 AD3d 397 [2004]; People v Dunbar, 145 AD2d 501, 502 [1988]).In any event, a reasonable view of the evidence supports a finding that the defendant intended tocause serious physical injury rather than death (see CPL 300.50 [1]; People vGlover, 57 NY2d 61, 64 [1982]; People v Pelsey, 60 AD3d 1088 [2009]; People v Batts,244 AD2d 345 [1997]; People v Davis, 181 AD2d 411, 411-412 [1992]).
The defendant's remaining contention is not preserved for appellate review and, in any event,is without merit. Fisher, J.P., Florio, Belen and Austin, JJ., concur.