Opinion
KA 04-01567.
February 4, 2005.
Appeal from a judgment of the Niagara County Court (Amy J. Fricano, J.), rendered March 26, 1996. The judgment convicted defendant, upon a jury verdict, of manslaughter in the first degree and criminal possession of a weapon in the second degree.
Present: Hurlbutt, J.P., Kehoe, Gorski, Pine and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the first degree (Penal Law § 125.20) and criminal possession of a weapon in the second degree (§ 265.03 [2]). Contrary to the contention of defendant, the verdict is not against the weight of the evidence on the issue of his identity as the shooter ( see People v. Robinson, 5 AD3d 1077, 1078, lv denied 2 NY3d 805; People v. Owens, 275 AD2d 905, 906, lv denied 95 NY2d 937; see generally People v. Bleakley, 69 NY2d 490, 495). Also contrary to the contention of defendant, he received meaningful representation ( see People v. Baldi, 54 NY2d 137, 147; People v. Laraby, 4 AD3d 749, 750, lv denied 2 NY3d 802).