Opinion
October 1, 1993
Appeal from the Monroe County Court, Marks, J.
Present — Green, J.P., Pine, Lawton, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the trial court erred in its response to the jury's request for supplemental instructions on the "criteria" for the crimes charged. The court responded meaningfully to the inquiry by providing the elements of the crimes under consideration without repeating its instructions on the justification defense (see, People v. Almodovar, 62 N.Y.2d 126, 131-132; see also, People v. Malloy, 55 N.Y.2d 296, 302, cert denied 459 U.S. 847).
We find no error in County Court's denial of the motion to suppress defendant's statement to the police. The court's findings of fact are entitled to great weight, unless clearly erroneous (see, People v. Prochilo, 41 N.Y.2d 759, 761; People v Smith, 193 A.D.2d 1054; People v. Pitsley, 185 A.D.2d 645, lv denied 81 N.Y.2d 792; People v. Williams, 174 A.D.2d 969, lv denied 78 N.Y.2d 1015).
The evidence, viewed in the light most favorable to the People (see, People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932; People v. Contes, 60 N.Y.2d 620), is sufficient to support defendant's conviction of manslaughter in the first degree. We reject defendant's argument that the verdict is contrary to the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495).
Defendant's sentence is not harsh and excessive.
We have reviewed defendant's remaining contentions and find that none requires reversal.