Opinion
205
February 7, 2002.
Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered March 12, 1997, convicting defendant, after a jury trial, of manslaughter in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.
PETER A. SELL, for respondent.
GERALD E. BODELL, for defendant-appellant.
Before: Williams, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis upon which to disturb its determinations (see, People v. Gaimari, 176 N.Y. 84, 94). The credible evidence clearly established that defendant shot the victim, and defendant's acquittal of other charges does not warrant a different conclusion.
By requesting the submission of manslaughter in the second degree as a lesser included offense of murder in the second degree and manslaughter in the first degree, defendant waived his right to challenge such submission (People v. Richardson, 88 N.Y.2d 1049, 1051), which was, in any event, supported by a reasonable view of the evidence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.