Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the court did not err in refusing to charge the jury on the lesser included offense of manslaughter in the second degree. A defendant is entitled to a charge on a lesser included offense if (1) it is theoretically impossible to commit the greater crime, without, by the same conduct, committing the lesser crime, and (2) a reasonable view of the evidence would support a finding that the defendant committed the lesser offense and not the greater ( see, People v. Glover, 57 N.Y.2d 61, 63). Although the first prong of the test was satisfied, no reasonable view of the evidence at trial would support a finding that the defendant acted recklessly in shooting the victim repeatedly at close range.
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
Rosenblatt, J.P., Miller, Thompson and Santucci, JJ., concur.