People v. Mercado

112 A.D.3d 462, 975 N.Y.S.2d 880

Opinion

Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered June 6, 2011, as amended October 4, 2011, convicting defendant, after a jury trial, of manslaughter in the first degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 19 years, unanimously affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations.

The court properly charged manslaughter in the first degree as a lesser included offense of murder in the second degree since there was a reasonable view of the evidence that defendant intended to cause serious physical injury as opposed to death (see People v Butler, 57 NY2d 664 [1982], revg on dissenting op of Sandler, J., 86 AD2d 811, 814-815 [1982]).

We perceive no basis for reducing the sentence. Concur— Tom, J.E, Friedman, Acosta, Moskowitz and Gische, JJ.