Opinion
2000-09763.
Decided April 12, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered September 21, 2000, convicting him of manslaughter in the second degree, reckless endangerment in the second degree (two counts), criminal possession of a weapon in the third degree, and leaving the scene of an incident without reporting, upon a jury verdict, and imposing sentence.
Mischel, Neuman and Horn, P.C., New York, N.Y. (Richard E. Mischel and James E. Neuman of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish that he acted recklessly in causing the death of the victim is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19-21; People v. Addison, 290 A.D.2d 453; see also People v. Laraby, 92 N.Y.2d 932, 933). In any event, 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 of manslaughter in the second degree beyond a reasonable doubt ( see People v. Feliciano, 298 A.D.2d 598; People v. Patti, 229 A.D.2d 506).
Contrary to the defendant's contention, the trial court acted within its discretion in permitting the prosecution to present rebuttal testimony ( see CPL 260.30; People v. Harris, 98 N.Y.2d 452, 489-490; People v. Harris, 57 N.Y.2d 335, 345, cert denied 460 U.S. 1047; People v. James, 285 A.D.2d 561).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review ( see CPL 470.05; People v. Balls, 69 N.Y.2d 641, 642; People v. Jones, 294 A.D.2d 517), and in any event, do not warrant a reversal in view of the overwhelming evidence of the defendant's guilt ( see People v. Crimmins, 36 N.Y.2d 230; People v. Singh, 299 A.D.2d 498).
SANTUCCI, J.P., S. MILLER, SCHMIDT and TOWNES, JJ., concur.