Majority
p. 806The People of the State of New York, Respondent, v Mohammad Uddin, Appellant. [639 NYS2d 949]
The defendant’s challenge to the court’s refusal to charge manslaughter in the second degree (see, Penal Law § 125.15) as a lesser-included offense of murder in the second degree (see, Penal Law § 125.25) is foreclosed by reason of the jury’s verdict finding him guilty of murder in the second degree, the crime alleged in the indictment, and its implicit rejection of the lesser-included offense of manslaughter in the first degree (see, People v Boettcher, 69 NY2d 174 , 180; People v Broadie, 221 AD2d 352 ; People v Cruz, 191 AD2d 507 ; People v Hendricks, 191 AD2d 584 ).
We find the sentence imposed is not excessive (see, People v Suitte, 90 AD2d 80 ). Rosenblatt, J. P., Copertirio, Altman and Friedmann, JJ., concur.
Cases cited
- People v. Boettcher 69 NY2d 174 at 180 p. 806
- People v. Cruz 191 AD2d 507 p. 806
- People v. Hendricks 191 AD2d 584 p. 806
- People v. Suitte 90 AD2d 80 p. 806