People v. Evans

232 A.D.2d 275, 648 N.Y.S.2d 556, 1996 N.Y. App. Div. LEXIS 10353

Opinion

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 20, 1993, convicting defendant, after a jury trial, of manslaughter in the first degree, criminal possession of a weapon in the second and third degrees, and sentencing him to consecutive terms of 81/3 to 25 years and 21/3 to 7 years on the manslaughter and third-degree possession convictions, respectively, concurrent to a term of 5 to 15 years on the remaining conviction, unanimously affirmed.

The trial court properly declined to submit the lesser included offense of second-degree manslaughter, since there was no reasonable view of the evidence that would have supported a finding that the shooting was merely reckless. Given the testimony that the shots were fired during a heated discussion and from a distance of only a few feet, and the fact that two of the bullets entered the victim’s body, the only reasonable interpretation is that the shooting was intentional (see, People v Barden, 194 AD2d 548, lv denied 82 NY2d 707).

We have considered defendant’s remaining contentions and find them to be without merit. Concur—Rosenberger, J. P., Kupferman, Nardelli, Tom and Mazzarelli, JJ.