People v. Adams

Appellate Division of the Supreme Court of New York

People v. Adams

205 A.D.2d 548, 614 N.Y.S.2d 275, 1994 N.Y. App. Div. LEXIS 5934

Appellate Division of the Supreme Court of the State of New York·Decided June 6, 1994·Published·Cited by 1 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens [549]*549County (Thorp, J.), rendered December 15, 1987, convicting her of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

We also disagree with the defendant’s contention that the trial court committed reversible error in failing to charge manslaughter in the first degree as a lesser-included offense of the murder charge. Since defense counsel specifically objected to the prosecutor’s request that the court give such a charge, the defendant waived her present argument that the court erred in failing to so charge (see, People v Campbell, 166 AD2d 183; People v Pacheco, 135 AD2d 744).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., Santucci, Altman and Krausman, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens [549]*549County (Thorp, J.), rendered December 15, 1987, convicting her of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

We also disagree with the defendant’s contention that the trial court committed reversible error in failing to charge manslaughter in the first degree as a lesser-included offense of the murder charge. Since defense counsel specifically objected to the prosecutor’s request that the court give such a charge, the defendant waived her present argument that the court erred in failing to so charge (see, People v Campbell, 166 AD2d 183; People v Pacheco, 135 AD2d 744).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., Santucci, Altman and Krausman, JJ., concur.

People v. Adams, 205 A.D.2d 548, 614 N.Y.S.2d 275, 1994 N.Y. App. Div. LEXIS 5934 (N.Y. Ct. App. 1994).

Pincite

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Opinion

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