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People v. White

Appellate Division of the Supreme Court of New York, Second Department
Apr 30, 2001
282 A.D.2d 768 (N.Y. App. Div. 2001)

Opinion

April 30, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered March 5, 1998, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Before: Altman, J.P., Krausman, Luciano and Cozier, JJ., concur.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People ( see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see, Penal Law § 125.15; § 15.05 [3]). Moreover, upon the exercise of our factual review, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPU 470.15 [5]; People v Gaimari, 176 N.Y. 84; People v Martinez, 186 A.D.2d 824).

There was no prosecutorial misconduct during summation. The prosecutor's remarks constituted fair comment on the evidence and were responsive to remarks made by the defense counsel ( see, People v Morgan, 66 N.Y.2d 255).

The defendant's contention that the trial court improperly sentenced him as a second felony offender by referring to case law from the State of Georgia to determine whether his conviction under a Georgia statute was the equivalent of a New York felony, is not preserved for appellate review ( see, People v Samms, 95 N.Y.2d 52). In any event, this contention is without merit ( see, People v Muniz, 74 N.Y.2d 464; People v Jackson, 211 A.D.2d 495).


Summaries of

People v. White

Appellate Division of the Supreme Court of New York, Second Department
Apr 30, 2001
282 A.D.2d 768 (N.Y. App. Div. 2001)
Case details for

People v. White

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHAN WHITE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 30, 2001

Citations

282 A.D.2d 768 (N.Y. App. Div. 2001)
724 N.Y.S.2d 351