PEOPLE v. CAIMITE

ORDERED that the judgment is affirmed.

It is unnecessary to reach the defendant's contention that the trial court erred in refusing to charge manslaughter in the first degree as a lesser-included offense of intentional murder since the defendant was acquitted of intentional murder, and convicted of depraved indifference murder (see People v. Hernandez, 297 A.D.2d 389; People v. Hamilton, 291 A.D.2d 411, 412; People v. Tate, 275 A.D.2d 380). In any event, the trial court properly refused to charge manslaughter in the first degree as a lesser-included offense since a reasonable view of the evidence did not support a finding that the defendant only intended to cause serious physical injury rather than death (see CPL 300.50; People v. Glover, 57 N.Y.2d 61; People v. Wheeler, 257 A.D.2d 673).

PRUDENTI, P.J., RITTER, SMITH and COZIER, JJ., concur.