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THE PEOPLE, ETC., respondent, v. RAMAL DAVIS, a/k/a KALEAL SEIFU, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the trial court erred in refusing to charge the jury on manslaughter in the second degree as a lesser-included offense of murder in the second degree and manslaughter in the first degree, is unpreserved for appellate review (see CPL 300.50; CPL 470.05: People v. Ford, 62 N.Y.2d 275; People v. Gonzalez, 150 A.D.2d 603; People v. Mills, 105 A.D.2d 759) . In any event, viewing the evidence in the light most favorable to the defendant (see People v. Martin, 59 N.Y.2d 704), no reasonable view of the evidence would support a finding that the defendant acted recklessly (see People v. Butler, 84 N.Y.2d 627; People v. Collins, 290 A.D.2d 457; People v. James, 284 A.D.2d 549).

FEUERSTEIN, J.P., SMITH, FRIEDMANN and ADAMS, JJ., concur.

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PEOPLE v. DAVIS
(Dec 30, 2002)