Opinion
2002-04936.
Decided June 14, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered May 23, 2002, convicting him of manslaughter in the second degree (four counts) and operating a motor vehicle while under the influence of alcohol, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jane S. Meyers, and Diane R. Eisner of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, ROBERT A. SPOLZINO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court properly denied the defendant's request for an additional instruction regarding the jury charge on recklessness as an element of the crime of manslaughter in the second degree ( see generally People v. Roe, 74 N.Y.2d 20; People v. Rubino, 222 A.D.2d 1005; People v. Kenny, 175 A.D.2d 404). The charge on recklessness adequately conveyed the appropriate standard to the jury ( see People v. Wesley, 76 N.Y.2d 555).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.