Opinion
March 29, 2000.
Appeal from Judgment of Yates County Court, Falvey, J. — Criminally Negligent Homicide.
PRESENT: GREEN, J. P., HAYES, HURLBUTT AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
We reject the contention of defendant that the conviction of criminally negligent homicide is based on legally insufficient evidence ( see, People v. Bleakley , 69 N.Y.2d 490, 495 ). We likewise reject the contention that County Court erred in denying defendant's motion for a mistrial on the ground that defendant's suppressed statements were inadvertently provided to the jury. The record does not establish whether the jury viewed the suppressed statements, and the court gave a curative instruction to dissipate any prejudice to defendant in the event that the jury viewed the statements ( see generally, People v. Birdsall , 215 A.D.2d 878, 880, lv denied 86 N.Y.2d 840, 88 N.Y.2d 933 ; People v. Richardson , 175 A.D.2d 143, 144, lv denied 79 N.Y.2d 831).
We further conclude that the court properly allowed a witness to give unsworn testimony ( see, CPL 60.20 [2]). Additionally, the court properly granted the prosecutor's request to charge criminally negligent homicide as a lesser included offense of manslaughter in the second degree because there is a reasonable view of the evidence to support a finding that defendant committed the lesser included offense but not the greater ( see, People v. Heide , 84 N.Y.2d 943 ).
In light of the fact that defendant's actions with a loaded weapon caused the death of a 14-year-old child, the court did not abuse its discretion in denying defendant's request for youthful offender status ( see generally, People v. Rogler , 186 A.D.2d 1076, lv denied 81 N.Y.2d 766). Finally, the sentence is neither unduly harsh nor severe.