Opinion
1998-08585
Argued April 4, 2003.
April 28, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered September 15, 1998, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Ellen Dille of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05; People v. Gray, 86 N.Y.2d 10, 20-21; People v. Santos, 86 N.Y.2d 869, 870). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
Contrary to the defendant's contention, trial counsel rendered meaningful representation at all stages of the proceedings (see People v. Benevento, 91 N.Y.2d 708; People v. Baldi, 54 N.Y.2d 137).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
SANTUCCI, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.