Opinion
2002-00684
Submitted February 18, 2003.
March 10, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered December 20, 2001, 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.
Stephen J. Pittari, White Plains, N.Y. (Salvatore A. Gaetani of counsel), for appellant.
Jeanine Pirro, White Plains, N.Y. (Sara Jones Smith and Richard Longworth Hecht of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court erred in denying his request to charge the jury that the decedent's work boots could be considered a dangerous instrument is without merit, as no reasonable view of the evidence supported such a finding (see generally People v. Snyder, 73 N.Y.2d 900; People v. Williams, 240 A.D.2d 441; cf. People v. Carter, 53 N.Y.2d 113; People v. Ray, 273 A.D.2d 611, 613; People v. Hansen, 267 A.D.2d 474).
The trial court's instructions regarding the duty to retreat were entirely proper since there was evidence in the record which could rationally support a finding that the defendant could have safely retreated (see People v. Jackson, 293 A.D.2d 488; People v. Bayron, 151 A.D.2d 962; People v. Barcena, 131 A.D.2d 688, 689).
The defendant's remaining contentions are without merit.
RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.