Opinion
No. 2008-00916.
March 23, 2010.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered January 23, 2008, convicting him of manslaughter in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
John R. Lewis, Sleepy Hollow, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
Before: Prudenti, P.J., Balkin, Leventhal and Austin, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention concerning the trial court's charge on the issue of justification is unpreserved for appellate review ( see CPL 470.05; People v Peterkin, 23 AD3d 678, 679; People v Moultrie, 6 AD3d 730). In any event, the trial court's charge was proper ( see CJI2d[NY] Defense, Justification: Use of Deadly Physical Force in Defense of a Person; People v Palmer, 34 AD3d 701, 703).
The defendant was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation ( see People v Benevento, 91 NY2d 708; People v Baldi, 54 NY2d 137).
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).