The court properly refused to submit to the jury the lesser included offense of manslaughter in the second degree, since there was no reasonable view of the evidence, viewed most favorably to defendant, that defendant was guilty of the lesser offense but not the greater (see,People v. Green, 56 N.Y.2d 427, 434). Defendant's testimony did not support a theory of reckless homicide.
The court's participation in the examination of defendant was not adversarial and was not so excessive as to deprive defendant of a fair trial, given the court's instructions to the jury (see, People v. Gonzalez, 228 A.D.2d 340, lv denied 88 N.Y.2d 1021).
We perceive no basis for reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.