People v. Jones-McFarland

Appellate Division of the Supreme Court of New York

People v. Jones-McFarland

2017 NY Slip Op 1232, 147 A.D.3d 978, 46 N.Y.S.3d 803

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 2017

Docket2012-04957

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 1232 (People v. Jones-McFarland) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Jones-McFarland, 2017 NY Slip Op 1232, 147 A.D.3d 978, 46 N.Y.S.3d 803 (N.Y. Ct. App. 2017).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered May 1, 2012, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, he was not deprived of the effective assistance of counsel. Defense counsel was not ineffective in failing to request a charge on manslaughter in the second degree, since there is no reasonable view of the evidence that would have supported a finding that the defendant acted recklessly in repeatedly shooting the victim (see People v Rivera, 23 NY3d 112, 122 [2014]; People v Fitzgerald, 120 AD3d 506, 508 [2014]; People v Etienne, 250 AD2d 776 [1998]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Rivera, J.P., Dillon, Chambers and Hinds-Radix, JJ., concur.

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