PEOPLE v. McLEOD (2007)

Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered April 29, 2004, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and sentencing him to concurrent determinate terms of imprisonment of 25 years for manslaughter in the first degree, 15 years for criminal possession of a weapon in the second degree, and 7 years for criminal possession a weapon in the third degree.

 ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment for manslaughter in the first degree from 25 years to 18 years and criminal possession of a weapon in the second degree from 15 years to 10 years;  as so modified, the judgment is affirmed.

 The trial court's failure to charge the lesser-included offense of criminally negligent homicide was not error.   Because the court charged the lesser-included offense of manslaughter in the second degree, and the defendant was convicted of manslaughter in the first degree, “the court's refusal to charge the more remote lesser-included offense of criminally negligent homicide cannot be a basis for reversal” (People v. McMurry, 30 A.D.3d 444, 815 N.Y.S.2d 490).

The sentence imposed was excessive to the extent indicated herein (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contention is without merit.