PEOPLE v. SOTO (1999)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. William SOTO, appellant.

Decided: November 01, 1999

LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, FRED T. SANTUCCI and MYRIAM J. ALTMAN, JJ.

Susan B. Marhoffer, Mount Kisco, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Florence M. Sullivan, and Solomon Neubort of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barasch, J.), rendered May 26, 1994, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant fired a shotgun twice on a city street during an argument with his girlfriend, causing the death of a bystander. Contrary to the defendant's contention, there is no reasonable view of the evidence that warranted a charge of criminally negligent homicide as a lesser-included offense of manslaughter in the second degree (see, People v. Randolph, 81 N.Y.2d 868, 597 N.Y.S.2d 630, 613 N.E.2d 536; People v. Cameron, 244 A.D.2d 350, 663 N.Y.S.2d 657).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.

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