Opinion
May 30, 1997
Present — Denman, P.J., Green, Doerr, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the verdict convicting him of manslaughter in the second degree is against the weight of the evidence because the proof that he was alone with the infant at home at the time of the infant's death was not conclusive. We disagree. There was expert testimony regarding the time of death of the infant, as well as testimony that defendant was alone with the infant at that time. Although defendant presented testimony of an expert challenging the time of death, resolution of credibility issues is a task within the province of the jury (see, People v. Gruttola, 43 N.Y.2d 116, 122). Thus, there is support in the record for the verdict (see, People v. Bleakley, 69 N.Y.2d 490, 495). Given the gravity of the crime, Supreme Court properly denied defendant's request to be granted youthful offender status (see, People v. Cruickshank, 105 A.D.2d 325, 334, affd sub nom. People v Dawn Maria C., 67 N.Y.2d 625). Finally, there is no merit to the contention that the sentence is unduly harsh or severe (see, People v. Murphy, 136 A.D.2d 969, lv denied 70 N.Y.2d 1009). (Appeal from Judgment of Supreme Court, Erie County, LaMendola, J. — Manslaughter, 2nd Degree.)