Opinion
November 6, 1989
Appeal from the Supreme Court, Queens County (Kellam, J.).
Ordered that the judgment is affirmed insofar as appealed from.
Contrary to the defendant's contention, we find that the evidence adduced at trial was legally sufficient to permit the jury to infer that he intended to seriously injure Virgilio Dominguez by striking him with his automobile, and thereby caused the death of Louis Oscar Rivera, who was, in fact, struck by the defendant's car. Based upon the conduct of the parties and the circumstances leading up to the incident, the jury was entitled to conclude that the defendant's claim that the incident was an unfortunate accident "was not a reasonable possibility under the circumstances" (People v Bracey, 41 N.Y.2d 296, 302).
In addition, we find that there is no basis in the record for appellate modification of the sentence imposed on the conviction of manslaughter in the first degree (see, People v Suitte, 90 A.D.2d 80). Mollen, P.J., Lawrence, Eiber and Kooper, JJ., concur.