People v. Perez

308 A.D.2d 359, 764 N.Y.S.2d 348, 2003 N.Y. App. Div. LEXIS 9389

Opinion

—Judgment, Supreme Court, Bronx County (Barbara Newman, J.), rendered August 21, 2000, convicting defendant, after a jury trial, of manslaughter in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The court properly rejected defendant’s request for a justification charge since there was no reasonable view of the evidence, viewed in a light most favorable to defendant, that would support such a charge (see People v Cox, 92 NY2d 1002 [1998]). Such a defense would have called upon the jury to speculate as to a version of the events that was not supported by any of the testimony (cf. People v Galvin, 65 NY2d 761 [1985]). Similarly, there was no reasonable view of the evidence to support defendant’s request that the court submit the lesser included offense of criminally negligent homicide (see People v Bova, 122 AD2d 798, 799 [1986], lv denied 68 NY2d 810 [1986]).

We perceive no basis for reducing the sentence. Concur— Ellerin, J.P., Williams, Lerner, Friedman and Gonzalez, JJ.