PEOPLE v. DAVIS

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.