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People v. Howze

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 895 (N.Y. App. Div. 1997)

Opinion

May 30, 1997

Present — Denman, P.J., Green, Callahan, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of murder in the second degree (Penal Law § 125.25 [depraved indifference murder]), arising out of the fatal shooting of a young woman. The victim was struck by a stray bullet that penetrated the window frame of her home during the course of a gunfight that had erupted outside her home. Because defendant did not object to the manner in which County Court investigated whether a recently sworn juror should be dismissed as grossly unqualified, his contention that the court's inquiry was insufficient has not been preserved for our review ( see, People v. Albert, 85 N.Y.2d 851, 852; People v Martinez, 224 A.D.2d 326, lv denied 88 N.Y.2d 989).

Viewing the evidence in the light most favorable to the People ( see, People v. Williams, 84 N.Y.2d 925, 926), we conclude that the objective circumstances surrounding defendant's conduct provide a sufficient basis for the jury to conclude that defendant's conduct displayed the requisite wanton indifference to human life necessary to sustain the conviction ( see, People v. Roe, 74 N.Y.2d 20, 25; People v. Jernatowski, 238 N.Y. 188; People v. Gray, 206 A.D.2d 883, 884, lv denied 84 N.Y.2d 867). Moreover, we are satisfied that the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495).

Defendant's contention that the court's interested witness charge was erroneous is unpreserved for our review ( see, CPL 470.05), and we decline to exercise our power to address it as a matter of discretion in the interest of justice ( see, CPL 470.15[a]; People v. Perez, 213 A.D.2d 1050, lv denied 85 N.Y.2d 978).

Defendant's sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, Drury, J. — Murder, 2nd Degree.)


Summaries of

People v. Howze

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 895 (N.Y. App. Div. 1997)
Case details for

People v. Howze

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHA-TEEK HOWZE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 30, 1997

Citations

239 A.D.2d 895 (N.Y. App. Div. 1997)
661 N.Y.S.2d 797

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