Opinion
October 23, 1989
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Ordered that the judgment is affirmed.
Viewing the evidence adduced at trial in a light most favorable to the People (People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).
Contrary to the defendant's contention, the court properly charged the jury on manslaughter in the second degree as a lesser included offense of manslaughter in the first degree. There was a reasonable view of the evidence that supported a finding that instead of acting intentionally, the defendant recklessly stabbed the decedent while pushing the decedent away from himself (see, People v Green, 56 N.Y.2d 427; People v Tai, 39 N.Y.2d 894; cf., People v Stokes, 117 A.D.2d 693).
We have reviewed the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit (People v Seldon, 128 A.D.2d 742; People v Smith, 121 A.D.2d 754; People v Ashwal, 39 N.Y.2d 105; People v Medina, 123 A.D.2d 331). Mollen, P.J., Bracken, Rubin and Sullivan, JJ., concur.