Opinion
June 17, 1985
Appeal from the Supreme Court, Kings County (Potoker, J.).
Judgment modified, as a matter of discretion in the interest of justice, by reducing the aforenoted sentence to a term of imprisonment of 3 to 9 years. As so modified, judgment affirmed, insofar as appealed from.
The evidence adduced at trial, including the admissions contained in defendant's videotaped statements to the law enforcement authorities, was sufficient to permit a rational trier of fact to conclude that defendant committed the crime of manslaughter in the second degree (Penal Law § 125.15; § 15.05 [3]; People v. Contes, 60 N.Y.2d 620; see, People v Licitra, 47 N.Y.2d 554, rearg denied 53 N.Y.2d 938).
Under the circumstances of this case, the sentence was excessive to the extent indicated. Lazer, J.P., Gibbons, O'Connor and Brown, JJ., concur.