Opinion
2015–05656 Ind. No. 3760/11
08-15-2018
The PEOPLE, etc., respondent, v. Atiba BROWN, appellant.
Paul Skip Laisure, New York, N.Y. (Alan Chevat and David P. Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Terrence F. Heller of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Alan Chevat and David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Terrence F. Heller of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SANDRA L. SGROI, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Albert Tomei, J.), rendered June 25, 2015, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention regarding the propriety of the jury verdict is unpreserved for appellate review, as he failed to raise this issue before the discharge of the jury (see People v. Alfaro, 66 N.Y.2d 985, 987, 499 N.Y.S.2d 378, 489 N.E.2d 1280 ; People v. Satloff, 56 N.Y.2d 745, 746, 452 N.Y.S.2d 12, 437 N.E.2d 271 ; People v. Jacobs, 128 A.D.3d 850, 850, 9 N.Y.S.3d 133 ; People v. Boley, 116 A.D.3d 965, 966, 983 N.Y.S.2d 830 ), and, in any event, without merit.
The defendant's contention that the Supreme Court, by the sentence it imposed after trial, penalized him for exercising his right to a trial is unpreserved for appellate review (see People v. Hurley, 75 N.Y.2d 887, 888, 554 N.Y.S.2d 469, 553 N.E.2d 1017 ; People v. Arnold, 139 A.D.3d 748, 750, 30 N.Y.S.3d 333 ; People v. Prince, 128 A.D.3d 987, 988, 10 N.Y.S.3d 146 ). In any event, the record does not indicate any retaliation or vindictiveness against the defendant for electing to proceed to trial (see People v. Seymore, 106 A.D.3d 1033, 1034, 964 N.Y.S.2d 668 ; People v. Griffin, 98 A.D.3d 688, 690, 950 N.Y.S.2d 161 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.