| People v Pizarro |
| 2011 NY Slip Op 08172 [89 AD3d 871] |
| November 9, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v EnriquePizarro, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodmanof counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.),rendered February 1, 2010, convicting him of manslaughter in the first degree and criminal possessionof a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant was indicted on charges of, inter alia, murder in the second degree. At trial, herequested that the court charge the lesser-included offenses of manslaughter in the first degree andmanslaughter in the second degree. The Supreme Court properly denied the defendant's request tocharge manslaughter in the second degree as a lesser-included offense of the charge of murder in thesecond degree. Viewing the evidence in the light most favorable to the defendant, there was noreasonable view of the evidence that would support a finding that the defendant acted recklessly whenhe stabbed the decedent (see People vLopez, 72 AD3d 593, 593-594 [2010]; People v Collins, 290 AD2d 457, 458[2002]; People v James, 284 AD2d 549 [2001]; People v Barnes, 265 AD2d 169[1999]; People v Porter, 161 AD2d 811 [1990]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Rivera, J.P., Angiolillo, Belen and Roman, JJ., concur.