Opinion
2012-12-12
The PEOPLE, etc., respondent, v. Brigitte HARRIS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered November 6, 2009, convicting her of manslaughter in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court should have charged the jury with criminally negligent homicide as a lesser-included offense of murder in the second degree is unpreserved for appellate review ( seeCPL 300.50[2]; People v. Diaz, 71 A.D.3d 1158, 1158–1159, 901 N.Y.S.2d 278;People v. Osorio, 49 A.D.3d 562, 563, 855 N.Y.S.2d 163). In any event, the defendant's contention is without merit, as there is no reasonable view of the evidence that would support the conclusion that the defendant committed the lesser offense of criminally negligent homicide ( seeCPL 300.50[1]; People v. Glover, 57 N.Y.2d 61, 63, 453 N.Y.S.2d 660, 439 N.E.2d 376).
Contrary to the defendant's contention on appeal, she received the effective assistance of counsel ( see *921People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400;People v. Calderon, 66 A.D.3d 314, 320–321, 884 N.Y.S.2d 29).
The defendant's contention that the imposed sentence was improperly based on the crimes of which she was acquitted is unpreserved for appellate review ( seeCPL 470.05[2]; People v. Stanley, 50 A.D.3d 1066, 1067–1068, 856 N.Y.S.2d 221;People v. Rambali, 27 A.D.3d 582, 582, 813 N.Y.S.2d 103) and, in any event, is without merit ( see People v. Stanley, 50 A.D.3d at 1067–1068, 856 N.Y.S.2d 221;People v. Robinson, 250 A.D.2d 629, 629, 672 N.Y.S.2d 751).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).