Opinion
No. 2005-11990.
October 9, 2007.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered December 13, 2005, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Anne M. Krepshaw of counsel), for Respondent.
Before: Schmidt, J.P., Goldstein, Skelos and Fisher, JJ., concur.
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in denying his request for a jury instruction on the affirmative defense of renunciation. Viewing the evidence adduced at trial in the light most favorable to the defendant ( see People v Taylor, 80 NY2d 1, 12), no reasonable view of the evidence supports the conclusion that the defendant made a substantial effort to prevent the crime prior to its commission ( see Penal Law § 40.10; People v Curry, 294 AD2d 608, 612; People v Genyard, 288 AD2d 395; People v Montes, 211 AD2d 687, 687-688). Thus, the trial court properly denied the defendant's request.
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).