FORD, ERIC L., PEOPLE v

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 7, 2014
• Docket: KA 10-02159
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

1387 KA 10-02159 PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND VALENTINO, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

ERIC L. FORD, DEFENDANT-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DREW R. DUBRIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MATTHEW DUNHAM OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), rendered May 7, 2009. The judgment convicted defendant, upon a jury verdict, of manslaughter in the first degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of manslaughter in the first degree (Penal Law § 125.20 [1]). Defendant failed to preserve for our review his challenge to Supreme Court’s justification charge (see CPL 470.05 [2]) and, in any event, we conclude that “the justification charge, viewed in its entirety, was a correct statement of the law” (People v Humphrey, 109 AD3d 1173, 1175 [internal quotation marks omitted]; see People v Johnson, 103 AD3d 1226, 1226, lv denied 21 NY3d 944; People v Poles, 70 AD3d 1402, 1403, lv denied 15 NY3d 808). “Because the court did not erroneously instruct the jury regarding justification, defense counsel was not ineffective for failing to object to that charge” (Johnson, 103 AD3d at 1226; see Humphrey, 109 AD3d at 1175).

Entered: February 7, 2014 Frances E. Cafarell Clerk of the Court