Opinion
December 15, 1986
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the court erred when it refused to charge, as lesser included offenses, manslaughter in the second degree and criminally negligent homicide, is without merit as no reasonable view of the evidence would support a finding that the defendant acted recklessly or negligently (see, People v. Coleman, 114 A.D.2d 906; People v. Bell, 111 A.D.2d 926). The evidence establishes that the defendant's actions were deliberate and that he was aware of his actions. The defendant approached the victim with an open knife in his hand, and stabbed her four times, once in the back. He then fled the scene by forcing a driver at knifepoint to drive him to the subway, disposed of the knife, and, in an effort to escape, turned his reversible jacket inside out so that a different color was visible.
Also without merit is the defendant's claim that his trial testimony was impermissibly impeached with inconsistent statements he made while testifying at a pretrial Huntley hearing (People v. Duffy, 44 A.D.2d 298, affd 36 N.Y.2d 258, cert denied 423 U.S. 861; cf. United States v. Salvucci, 448 U.S. 83, 93-94).
The sentence imposed was not excessive. Bracken, J.P., Niehoff, Eiber and Sullivan, JJ., concur.