Opinion
KA 04-01309.
December 30, 2004.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered December 9, 1998. The judgment convicted defendant, upon a jury verdict, of manslaughter in the second degree.
Before: Pigott, Jr., P.J., Green, Hurlbutt, Martoche and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant was convicted of manslaughter in the second degree (Penal Law § 125.15) for causing the death of a City of Buffalo police officer. The officer was pursuing defendant based upon information that a warrant had been issued for defendant's arrest in Maryland. An automobile struck and killed the officer as he pursued defendant across the six-lane Kensington Expressway. The evidence, viewed in the light most favorable to the People ( see People v. Contes, 60 NY2d 620, 621), is legally sufficient to establish that "defendant's conduct set in motion and legally caused the death of" the officer ( People v. Matos, 83 NY2d 509, 511) and that defendant's conduct was reckless ( see Penal Law § 15.05; People v. Kern, 75 NY2d 638, 658, cert denied 498 US 824).