PEOPLE v. JAMES

ORDERED that the judgment is affirmed.

The trial court properly refused to consider manslaughter in the second degree as a lesser-included offense of either murder in the second degree or manslaughter in the first degree since no reasonable view of the evidence supported such a charge (see, People v. Glover, 57 N.Y.2d 61; People v. Kelly, 221 A.D.2d 661, appeal denied 87 N.Y.2d 974, cert denied 517 U.S. 1200; People v. Evans, 192 A.D.2d 671; People v. Vanier, 178 A.D.2d 501). There is no reasonable view of the evidence that would allow a fact-finder to conclude that the defendant may have acted with a reckless disregard of a substantial risk to the decedent, but not with the intent to seriously injure him (cf., People v. Morel, 213 A.D.2d 497; People v. Cook, 96 A.D.2d 1059).

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

RITTER, J.P., FLORIO, H. MILLER and CRANE, JJ., concur.