Opinion
2000-07711.
Decided March 15, 2004.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered February 9, 2000, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Gregory J. Neilon of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.,
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly refused to charge the jury on the defense of justification since no reasonable view of the evidence established the elements of that defense ( see People v. Reynoso, 73 N.Y.2d 816; People v. Watts, 57 N.Y.2d 299; People v. Batee, 308 A.D.2d 596, lv denied 1 N.Y.3d 568; People v. Robinson, 295 A.D.2d 544).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
SANTUCCI, J.P., FLORIO, SCHMIDT and TOWNES, JJ., concur.