People v. Birt

127 A.D.3d 1223, 5 N.Y.S.3d 895

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dwyer, J.), rendered January 10, 2013, convicting him of man slaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he was deprived of the effective assistance of counsel is without merit. A reasonable view of the evidence shows that the defendant’s conduct in shooting the victim was intentional, not reckless. Thus, trial counsel’s choice not to request a charge of the lesser-included offense of manslaughter in the second degree, with its mens rea of recklessness (see Penal Law §§ 125.15 [1]; 15.05 [3]), did not deprive the defendant of the effective assistance of counsel (see People v Illescas, 87 AD3d 699, 700 [2011]; People v Tinch, 72 AD3d 992, 993 [2010]; CPL 300.50 [1], [2]).

Dillon, J.P., Dickerson, Hall and LaSalle, JJ., concur.