The People, etc., respondent, v. Stanislav Vandenko, appellant. (2010)

Submitted-December 22, 2009

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered July 19, 2006, convicting him of murder in the second degree, criminal possession of a weapon in the fourth degree, aggravated criminal contempt, and criminal contempt in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The Supreme Court correctly denied the defendant's request to charge manslaughter in the first degree (see Penal Law § 125.20[1] ) as a lesser-included offense of the charge of murder in the second degree (see Penal Law § 125.25[1] ).   The evidence established that the defendant wrapped a television coaxial cable around the victim's neck three times and tied it tightly in a knot, causing her death.   Viewed in the light most favorable to the defendant (see People v. Daniel, 37 AD3d 731;  People v. Hartman, 4 AD3d 22, 25), there is no reasonable view of the evidence that would support a finding that he intended to cause the victim serious physical injury, but did not intend to cause her death (see CPL 300.50[1];  People v. Seabrooks, 27 AD3d 494;  People v. Maldonado, 5 AD3d 505;  People v. Gauze, 3 AD3d 538;  People v. Crawford, 231 A.D.2d 431, 432).

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court