PEOPLE v. TAVAREZ

Ordered that the judgment is affirmed.

The defendant's claim that the Supreme Court erred in submitting manslaughter in the first degree ( see Penal Law § 125.20) as a lesser-included offense of murder in the second degree ( see Penal Law § 125.25) is waived inasmuch as the defendant did not object to the submission of first-degree manslaughter before the jury retired to deliberate ( see CPL 300.50; People v Mullins, 13 AD3d 397; People v Dunbar, 145 AD2d 501, 502). In any event, a reasonable view of the evidence supports a finding that the defendant intended to cause serious physical injury rather than death ( see CPL 300.50; People v Glover, 57 NY2d 61, 64; People v Pelsey, 60 AD3d 1088; People v Batts, 244 AD2d 345; People v Davis, 181 AD2d 411, 411-412).

The defendant's remaining contention is not preserved for appellate review and, in any event, is without merit.