People v. Uddin

225 A.D.2d 806, 639 N.Y.2d 949, 639 N.Y.S.2d 949, 1996 N.Y. App. Div. LEXIS 3098

Opinion

The defendant’s challenge to the court’s refusal to charge manslaughter in the second degree (see, Penal Law § 125.15) as a lesser-included offense of murder in the second degree (see, Penal Law § 125.25) is foreclosed by reason of the jury’s verdict finding him guilty of murder in the second degree, the crime alleged in the indictment, and its implicit rejection of the lesser-included offense of manslaughter in the first degree (see, People v Boettcher, 69 NY2d 174, 180; People v Broadie, 221 AD2d 352; People v Cruz, 191 AD2d 507; People v Hendricks, 191 AD2d 584).

We find the sentence imposed is not excessive (see, People v Suitte, 90 AD2d 80). Rosenblatt, J. P., Copertirio, Altman and Friedmann, JJ., concur.