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People v. Wallace

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 2010
79 A.D.3d 1075 (N.Y. App. Div. 2010)

Opinion

No. 2009-04677.

December 21, 2010.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered April 16, 2009, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Chadbourne Parke LLP [Thomas E. Butler and Laura Rowntree], of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Wrobel Schatz LLP [M. Katherine Sherman], of counsel), for respondent.

Before: Covello, J.P., Florio, Eng 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 beyond a reasonable doubt. 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).

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in admitting into evidence a recording of a 911 call placed by the victim's mother as an excited utterance, since the probative value of the 911 call outweighed any prejudicial effect ( see People v Carrenard, 56 AD3d 486, 487; cf. People v Jamerson, 21 AD3d 428).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80, 85-86).


Summaries of

People v. Wallace

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 2010
79 A.D.3d 1075 (N.Y. App. Div. 2010)
Case details for

People v. Wallace

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ONEIL WALLACE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 21, 2010

Citations

79 A.D.3d 1075 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 9541
912 N.Y.S.2d 891

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