People v. Ortiz

2017 NY Slip Op 6778, 153 A.D.3d 1618, 60 N.Y.S.3d 891

Opinion

Appeal from a judgment of the Monroe County Court (John L. DeMarco, J.), rendered January 22, 2014. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

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

Memorandum: On appeal from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]), defendant contends that County Court erred in failing to charge the jury on the defense of mistake of fact (see § 15.20 [1] [a]). Defendant failed to preserve that contention for our review (see People v Streeter, 21 AD3d 1291, 1291-1292 [2005], lv denied 6 NY3d 898 [2006]), and we decline to exercise our power to address it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Contrary to defendant’s further contention, the sentence is not unduly harsh or severe.

Present — Centra, J.P., Carni, Lindley, Troutman and Winslow, JJ.