Opinion
No. 2009-04008.
January 18, 2011.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered April 22, 2009, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Katherine A. Levine of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea Bruffee, and Kirkland Ellis, LLP [Courtney Patrick Mitchell], of counsel), for respondent.
Before: Dillon, J.P., Balkin, Leventhal and Chambers, JJ.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt of manslaughter in the first degree ( see Penal Law § 125.20) beyond a reasonable doubt. The defendant's intent to cause serious physical injury ( see Penal Law § 10.00) may be inferred from his conduct and the surrounding circumstances ( see People v Bracey, 41 NY2d 296, 303; People v Spurgeon, 63 AD3d 863; People v Gumbs, 58 AD3d 641). Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).
The sentence imposed was not excessive ( see CPL 470.15 [c]; [6] [b]; 470.20 [6]; People v Thompson, 60 NY2d 513, 519; People v Suitte, 90 AD2d 80).