People v. Davis
| Decision Date | 30 December 2002 |
| Citation | 751 N.Y.S.2d 887,300 A.D.2d 673 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>RAMAL DAVIS, Also Known as KALEAL SEIFU, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant's contention that the trial court erred in refusing to charge the jury on manslaughter in the second degree as a lesser-included offense of murder in the second degree and manslaughter in the first degree, is unpreserved for appellate review (see CPL 300.50 [1]; 470.05 [2]; People v Ford, 62 NY2d 275; People v Gonzalez, 150 AD2d 603; People v Mills, 105 AD2d 759). In any event, viewing the evidence in the light most favorable to the defendant (see People v Martin, 59 NY2d 704), no reasonable view of the evidence would support a finding that the defendant acted recklessly (see People v Butler, 84 NY2d 627; People v Collins, 290 AD2d 457; People v James, 284 AD2d 549).
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