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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANISLAV VANDENKO, Appellant.

Ordered that the judgment is affirmed.

The Supreme Court correctly denied the defendant's request to charge manslaughter in the first degree ( see Penal Law § 125.20) as a lesser-included offense of the charge of murder in the second degree ( see Penal Law § 125.25). The evidence established that the defendant wrapped a television coaxial cable around the victim's neck three times and tied it tightly in a knot, causing her death. Viewed in the light most favorable to the defendant ( see People v Daniel, 37 AD3d 731; People v Hartman, 4 AD3d 22, 25), there is no reasonable view of the evidence that would support a finding that he intended to cause the victim serious physical injury, but did not intend to cause her death ( see CPL 300.50; People v Seabrooks, 27 AD3d 494; People v Maldonado, 5 AD3d 505; People v Gauze, 3 AD3d 538; People v Crawford, 231 AD2d 431, 432).

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PEOPLE v. VANDENKO
(Feb 2, 2010)