Opinion
2014-02-7
The PEOPLE of the State of New York, Respondent, v. Eric L. FORD, Defendant–Appellant.
Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), rendered May 7, 2009. The judgment convicted defendant, upon a jury verdict, of manslaughter in the first degree. Timothy P. Donaher, Public Defender, Rochester (Drew R. Dubrin of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), rendered May 7, 2009. The judgment convicted defendant, upon a jury verdict, of manslaughter in the first degree.
Timothy P. Donaher, Public Defender, Rochester (Drew R. Dubrin of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him, following a jury trial, of manslaughter in the first degree (Penal Law § 125.20[1] ). Defendant failed to preserve for our review his challenge to Supreme Court's justification charge ( see CPL 470.05[2] ) and, in any event, we concludethat “the justification charge, viewed in its entirety, was a correct statement of the law” (People v. Humphrey, 109 A.D.3d 1173, 1175, 971 N.Y.S.2d 631 [internal quotation marks omitted]; see People v. Johnson, 103 A.D.3d 1226, 1226, 959 N.Y.S.2d 354, lv. denied21 N.Y.3d 944, 968 N.Y.S.2d 6, 990 N.E.2d 140; People v. Poles, 70 A.D.3d 1402, 1403, 895 N.Y.S.2d 755, lv. denied15 N.Y.3d 808, 908 N.Y.S.2d 168, 934 N.E.2d 902). “Because the court did not erroneously instruct the jury regarding justification, defense counsel was not ineffective for failing to object to that charge” (Johnson, 103 A.D.3d at 1226, 959 N.Y.S.2d 354; see Humphrey, 109 A.D.3d at 1175, 971 N.Y.S.2d 631).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, and VALENTINO, JJ., concur.