Opinion
2016–08753 Ind. No. 131/15
09-19-2018
The PEOPLE, etc., respondent, v. Stephen RICHARDS, appellant.
Del Atwell, East Hampton, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Del Atwell, East Hampton, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, JEFFREY A. COHEN, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Craig Stephen Brown, J.), rendered July 22, 2016, convicting him of reckless endangerment in the first degree (two counts), criminal mischief in the third degree (two counts), and unlawful discharge of a firearm, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt of reckless endangerment in the first degree (see Penal Law § 120.25 ; People v. Patterson, 65 A.D.3d 705, 706, 884 N.Y.S.2d 768 ; People v. Lobban, 59 A.D.3d 566, 566, 872 N.Y.S.2d 557 ; People v. Teets, 293 A.D.2d 766, 767, 742 N.Y.S.2d 641 ). Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt as to reckless endangerment in the first degree was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).
The defendant's contention that the verdict was repugnant is unpreserved for appellate review, as he failed to raise the issue before the discharge of the jury (see People v. Alfaro, 66 N.Y.2d 985, 987, 499 N.Y.S.2d 378, 489 N.E.2d 1280 ; People v. Smith, 142 A.D.3d 1027, 1028, 37 N.Y.S.3d 442 ; People v. Lobban, 59 A.D.3d at 566–567, 872 N.Y.S.2d 557 ). In any event, the contention is without merit (see People v. Trappier, 87 N.Y.2d 55, 637 N.Y.S.2d 352, 660 N.E.2d 1131 ; People v. Smith, 142 A.D.3d at 1028, 37 N.Y.S.3d 442 ; People v. Lobban, 59 A.D.3d at 566–567, 872 N.Y.S.2d 557 ; People v. Groves, 8 A.D.3d 498, 779 N.Y.S.2d 127 ).
The defendant's contention that the County Court erred in failing to instruct the jury on the lesser included offense of reckless endangerment in the second degree is unpreserved for appellate review (see People v. Buckley, 75 N.Y.2d 843, 846, 552 N.Y.S.2d 912, 552 N.E.2d 160 ; People v. Arroyo, 128 A.D.3d 843, 844, 9 N.Y.S.3d 137 ). In any event, the contention is without merit (see People v. Burke, 73 A.D.2d 627, 422 N.Y.S.2d 469 ; see also People v. Alvaradoajcuc, 142 A.D.3d 1094, 1094, 37 N.Y.S.3d 589 ; People v. Arroyo, 128 A.D.3d at 844, 9 N.Y.S.3d 137 ).
SCHEINKMAN, P.J., DILLON, COHEN and CHRISTOPHER, JJ., concur.