Man 1º properly not submitted as lesser included offense of Murder 2º on these facts

In People v. Sostre (2d Dept. 2/9/2010), the Second Department unanimously held that Supreme Court did not err in refusing to charge the jury with Manslaughter 1º as a lesser included offense of Murder 2º.  During the trial, the jury heard testimony that "the defendant, at a distance of two or three feet, fired four shots into [the victim]'s body, two of them into his chest, piercing the heart and liver."  The jury also heard testimony "that the defendant continued to fire at [the victim] after he had fallen to the ground."  

Even after viewing the evidence in the light most favorable to the defendant, the court found "that there was no reasonable view of the evidence to support a finding that the defendant intended to cause serious physical injury to [the victim] rather than kill him."  Accordingly, the court upheld the defendant's conviction of Murder 2º.  (JTR/LC)