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People v. Birt

Supreme Court, Appellate Division, Second Department, New York.
Apr 29, 2015
127 A.D.3d 1223 (N.Y. App. Div. 2015)

Opinion

04-29-2015

The PEOPLE, etc., respondent, v. Kenneth BIRT, appellant.

Lynn W.L. Fahey, New York, N.Y. (Rahshanda Sibley of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Joyce Adolfsen of counsel), for respondent.


Lynn W.L. Fahey, New York, N.Y. (Rahshanda Sibley of counsel), for appellant.Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Joyce Adolfsen of counsel), for respondent.

Opinion Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dwyer, J.), rendered January 10, 2013, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that he was deprived of the effective assistance of counsel is without merit. A reasonable view of the evidence shows that the defendant's conduct in shooting the victim was intentional, not reckless. Thus, trial counsel's choice not to request a charge of the lesser-included offense of manslaughter in the second degree, with its mens rea of recklessness (see Penal Law §§ 125.15[1] ; 15.05[3] ), did not deprive the defendant of the effective assistance of counsel (see People v. Illescas, 87 A.D.3d 699, 700, 928 N.Y.S.2d 762 ; People v. Tinch, 72 A.D.3d 992, 993, 898 N.Y.S.2d 511 ; CPL 300.50[1], [2] ).

DILLON, J.P., DICKERSON, HALL and LaSALLE, JJ., concur.


Summaries of

People v. Birt

Supreme Court, Appellate Division, Second Department, New York.
Apr 29, 2015
127 A.D.3d 1223 (N.Y. App. Div. 2015)
Case details for

People v. Birt

Case Details

Full title:The PEOPLE, etc., respondent, v. Kenneth BIRT, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 29, 2015

Citations

127 A.D.3d 1223 (N.Y. App. Div. 2015)
5 N.Y.S.3d 895
2015 N.Y. Slip Op. 3553