Opinion
October 2, 1998
Appeal from the Supreme Court, Erie County, Rossetti, J. — Manslaughter, 1st Degree.
Present — Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of manslaughter in the first degree (Penal Law § 125.20) and criminal possession of a weapon in the third degree (Penal Law § 265.02). Upon our review of the record, we conclude that the verdict is not contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The contention of defendant that the evidence is insufficient to prove that he intended to cause serious physical injury is not preserved for our review ( see, People v. Gray, 86 N.Y.2d 10, 19; People v. Davis, 229 A.D.2d 969, lv denied 88 N.Y.2d 1020). In any event, the proof of guilt is legally sufficient to establish defendant's guilt beyond a reasonable doubt ( see, People v. Bleakley, supra, at 495). The sentence imposed is neither unduly harsh nor severe. We have reviewed the contentions raised in defendant's pro se supplemental brief and conclude that they are without merit.