Opinion
99-11488
February 21, 2002
March 11, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered December 1, 1999, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, and HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
The comments of the trial court at sentencing, taken as a whole, were a response to the defendant's statements that he never intended to hurt anyone, and "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. James, 216 A.D.2d 489; see, People v. Anderson, 287 A.D.2d 574).
The defendant's remaining contentions are unpreserved for appellate review or without merit.