People v. Williams

176 A.D.2d 442, 574 N.Y.S.2d 348, 1991 N.Y. App. Div. LEXIS 12661

Opinion

Judgment, Supreme Court, New York County (Herbert T. Altman, J.), rendered April 7, 1989, convicting defendant, after a jury trial, of manslaughter in the first degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent indeterminate prison terms of, respectively, 8V3 to 25 years and 5 to 15 years, unanimously affirmed.

The People’s evidence overwhelmingly established that defendant shot the deceased as payback for a bad drug deal. Since there was no reasonable view of the evidence that defendant recklessly killed the victim, the court properly refused to charge manslaughter in the second degree as a lesser-included offense of second degree murder (CPL 300.50; People v Glover, 57 NY2d 61). Furthermore, the court’s imposition of the maximum permissible sentence was appropriate in light of defendant’s record. Concur — Milonas, J. P., Ellerin, Kupferman, Ross and Rubin, JJ.