PEOPLE v. TATUM

Ordered that the judgment is affirmed.

After conducting a Geraci/Sirois hearing ( see People v Geraci, 85 NY2d 359; Matter of Holtzman v Hellenbrand, 92 AD2d 405), the trial court correctly determined that a previously cooperative eyewitness had been rendered unavailable due to threats made by the defendant's brother, at the defendant's initiative or acquiescence ( see People v Cotto, 92 NY2d 68; People v Geraci, supra).

Moreover, the court correctly declined the defendant's request to submit manslaughter in the first degree as a lesser-included offense of intentional murder ( see People v Seabrooks, 27 AD3d 494; People v Moreno, 16 AD3d 438).