Opinion
2012-12-12
The PEOPLE, etc., respondent, v. Jovany HUDDLESTON, appellant.
Joseph R. Faraguna, Sag Harbor, N.Y., for appellant. *915Kathleen M. Rice, District Attorney, Mineola, N.Y. (Jason R. Richards and Joseph Mogelnicki of counsel), for respondent.
Joseph R. Faraguna, Sag Harbor, N.Y., for appellant. *915Kathleen M. Rice, District Attorney, Mineola, N.Y. (Jason R. Richards and Joseph Mogelnicki of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.), rendered September 15, 2011, convicting him of manslaughter in the second degree, criminal possession of a weapon in the third degree, and assault in the third degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish that he acted recklessly in causing the death of the victim is unpreserved for appellate review ( seeCPL 470.05[2]; People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919;People v. Henrius, 6 A.D.3d 548, 774 N.Y.S.2d 400;People v. Addison, 290 A.D.2d 453, 738 N.Y.S.2d 583). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of manslaughter in the second degree beyond a reasonable doubt ( seePenal Law § 15.05[3]; People v. Henrius, 6 A.D.3d at 549, 774 N.Y.S.2d 400;People v. Dewese, 198 A.D.2d 430, 430–431, 604 N.Y.S.2d 575).
The defendant's contention that the People did not disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review ( see People v. Garguilio, 57 A.D.3d 797, 870 N.Y.S.2d 380;People v. Terrero, 31 A.D.3d 672, 818 N.Y.S.2d 288;People v. Wimberly, 19 A.D.3d 518, 798 N.Y.S.2d 470). In any event, the evidence, when viewed in the light most favorable to the prosecution, was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt ( seePenal Law § 35.15; People v. Terrero, 31 A.D.3d at 673, 818 N.Y.S.2d 288;People v. Wimberly, 19 A.D.3d at 518, 798 N.Y.S.2d 470;People v. Durand, 188 A.D.2d 747, 591 N.Y.S.2d 233). Upon our independent review of the evidence pursuant to CPL 470.15(5), we are satisfied that the rejection of the justification defense and the verdict of guilt on the count of manslaughter in the second degree were not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).