PEOPLE v. GILL

A reasonable view of the evidence supports a finding that defendant intended to inflict serious physical injury upon the victim and not to cause his death, and thus the trial court properly charged the jury on manslaughter in the first degree as a lesser included offense of murder in the second degree. The location of the victim's single wound and the surrounding circumstances created a jury question as to intent. We have considered and rejected defendant's remaining arguments on this issue.

We perceive no abuse of sentencing discretion.

ELLERIN, P.J., ROSENBERGER, TOM, LERNER, SAXE, JJ.