Opinion
June 19, 1995
Appeal from the County Court, Westchester County (LaCava, J.).
Ordered that the judgment is affirmed.
After a jury trial, the defendant was acquitted of murder in the second degree but convicted of manslaughter in the second degree. We reject the defendant's contention that his sentence was illegal because in sentencing the defendant, the court referred to the defendant's act as a murder. The defendant's sentence of 5 to 15 years was within the statutory guidelines for manslaughter in the second degree (see, Penal Law § 70.02 [a]; [3] [b]; [4]). In addition, the court's comments, when taken as a whole, merely reflect the fact that the court was taking into consideration the nature of the crime, a legitimate factor in determining an appropriate sentence (People v. Martinez, 124 A.D.2d 505).
The defendant's sentence was not excessive (People v. Suitte, 90 A.D.2d 80). O'Brien, J.P., Ritter, Pizzuto and Florio, JJ., concur.