Opinion
October 4, 1990
Appeal from the Supreme Court, Bronx County (Fred W. Eggert, J.).
Viewing the evidence in a light most favorable to the prosecution (People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), we find it legally sufficient to establish the defendant's guilt beyond a reasonable doubt, and we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15). An eyewitness testified that she saw defendant shoot at the complainant as he ran out of the Lucky Charms Club. This testimony was corroborated by the fact that the decedent died from a single gunshot wound to the back. In assessing the credibility of the witnesses, the jury was entitled to reject the defense in favor of the prosecution's evidence (People v. Parks, 41 N.Y.2d 36, 47). Furthermore, contrary to defendant's contentions, the prosecution's evidence was legally sufficient to satisfy the element of causation of death (Penal Law § 125.00).
In addition, since defendant specifically objected to the court charging manslaughter in the second degree as a lesser included offense, defendant has waived his present argument that the court erred in failing to so charge. (CPL 300.50; 470.05 [2]; People v. Buckley, 75 N.Y.2d 843.) In any event, there was no reasonable view of the evidence that would support a finding that defendant committed manslaughter (CPL 300.50; People v. Boo Wat Cheung, 141 A.D.2d 556, lv denied 72 N.Y.2d 1043).
Concur — Murphy, P.J., Carro, Ellerin, Wallach and Smith, JJ.