People v Pizarro

People v Pizarro 2011 NY Slip Op 08172 Decided on November 9, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 9, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
2010-01564
(Ind. No. 9313/08)

[*1]The People of the State of New York, respondent,

v

Enrique Pizarro, appellant.




Lynn W. L. Fahey, New York, N.Y. (Allegra Glashausser of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Howard B. Goodman of
counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered February 1, 2010, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was indicted on charges of, inter alia, murder in the second degree. At trial, he requested that the court charge the lesser-included offenses of manslaughter in the first degree and manslaughter in the second degree. The Supreme Court properly denied the defendant's request to charge manslaughter in the second degree as a lesser-included offense of the charge of murder in the second degree. Viewing the evidence in the light most favorable to the defendant, there was no reasonable view of the evidence that would support a finding that the defendant acted recklessly when he stabbed the decedent (see People v Lopez, 72 AD3d 593, 593-594; People v Collins, 290 AD2d 457, 458; People v James, 284 AD2d 549; People v Barnes, 265 AD2d 169; People v Porter, 161 AD2d 811).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
RIVERA, J.P., ANGIOLILLO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court