PEOPLE v. SEYMOUR

Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred in denying his request that criminally negligent homicide (Penal Law § 125.10) be charged as a lesser included offense of murder in the second degree (Penal Law § 125.25) and manslaughter in the first and second degrees (Penal Law § 125.20, 125.15 Penal) is unpreserved for appellate review. In any event, the contention is without merit, as there was no reasonable view of the evidence which could have supported a finding that the defendant committed the lesser offense but not the greater (see, People v Glover, 57 N.Y.2d 61; CPL 300.50, [2]).

The sentence was neither harsh nor excessive (see, People v Suitte, 90 A.D.2d 80). Lawrence, J.P., Kunzeman, Sullivan and Balletta, JJ., concur.