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People v. Fisher

Appellate Division of the Supreme Court of New York, Second Department
May 29, 1990
161 A.D.2d 793 (N.Y. App. Div. 1990)

Opinion

May 29, 1990

Appeal from the Supreme Court, Kings County (Vinik, J.).


Ordered that the judgment is affirmed.

The defendant contends that the People failed to prove his guilt of manslaughter in the second degree beyond a reasonable doubt. We disagree. 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).

The defendant's contention that the verdict sheet submitted to the jury was not proper is not preserved for appellate review since he failed to object to its submission (see, CPL 470.05; People v. Mathis, 150 A.D.2d 613; People v. Lugo, 150 A.D.2d 502; cf., People v. Nimmons, 72 N.Y.2d 830; People v. Gillispie, 144 A.D.2d 482; People v. Valle, 143 A.D.2d 160-161), and we see no basis to reach the issue in the exercise of our interest of justice jurisdiction.

Finally, we find that the defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80). Brown, J.P., Rubin, Eiber and Rosenblatt, JJ., concur.


Summaries of

People v. Fisher

Appellate Division of the Supreme Court of New York, Second Department
May 29, 1990
161 A.D.2d 793 (N.Y. App. Div. 1990)
Case details for

People v. Fisher

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY FISHER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 29, 1990

Citations

161 A.D.2d 793 (N.Y. App. Div. 1990)