Opinion
2014-04868 Ind. No. 2866/12
05-15-2019
The PEOPLE, etc., Respondent, v. Robert SWANN, Appellant.
Paul Skip Laisure, New York, N.Y. (Benjamin S. Litman of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Kew Gardens, and Jill Gross–Marks, New York, of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Benjamin S. Litman of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Kew Gardens, and Jill Gross–Marks, New York, of counsel), for respondent.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Ira H. Margulis, J.), rendered April 28, 2014, convicting him of manslaughter in the first degree, upon a jury verdict, and sentencing him to a determinate term of imprisonment of 25 years, to be followed by a period of postrelease supervision of 5 years.
ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed from a determinate term of imprisonment of 25 years, to be followed by a period of postrelease supervision of 5 years, to a determinate term of imprisonment of 20 years, to be followed by a period of postrelease supervision of 5 years; as so modified, the judgment is affirmed.
The defendant's contention concerning the trial court's charge on the issue of justification is unpreserved for appellate review, and we decline to review this issue in the exercise of our interest of justice jurisdiction (see People v. Louis, 153 A.D.3d 728, 57 N.Y.S.3d 891 ; People v. Fitzgerald, 120 A.D.3d 506, 507, 991 N.Y.S.2d 112 ; People v. Gueye, 81 A.D.3d 974, 917 N.Y.S.2d 883 ).
The defendant was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation (see People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
The sentence imposed was excessive to the extent indicated (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
The defendant's remaining contention is unpreserved for appellate review, and we decline to review this issue in the exercise of our interest of justice jurisdiction.
MASTRO, J.P., DILLON, MALTESE and BRATHWAITE NELSON, JJ., concur.