Opinion
No. 2009-04677.
December 21, 2010.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered April 16, 2009, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Chadbourne Parke LLP [Thomas E. Butler and Laura Rowntree], of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Wrobel Schatz LLP [M. Katherine Sherman], of counsel), for respondent.
Before: Covello, J.P., Florio, Eng and Chambers, JJ.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in admitting into evidence a recording of a 911 call placed by the victim's mother as an excited utterance, since the probative value of the 911 call outweighed any prejudicial effect ( see People v Carrenard, 56 AD3d 486, 487; cf. People v Jamerson, 21 AD3d 428).
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80, 85-86).