PEOPLE v. BIEN

ORDERED that the judgment is affirmed.

The County Court properly refused to charge the jury on manslaughter in the first degree as a lesser-included offense of the charge of murder in the second degree. There was no reasonable view of the evidence to support a finding that the defendant only intended to inflict serious physical injury on the victim ( see People v. Collins, 290 A.D.2d 457, 458; People v. Butler, 84 N.Y.2d 627, 634-635).

The County Court properly denied the defendant's application, in effect, to amend his CPL 250.10 notice at trial and properly refused to charge the defense of extreme emotional disturbance ( see People v. Almonor, 93 N.Y.2d 571; People v. Romano, 301 A.D.2d 666).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

SANTUCCI, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.