People v. Rodriquez

224 A.D.2d 361, 638 N.Y.S.2d 312, 1996 N.Y. App. Div. LEXIS 1493

Opinion

—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered June 24, 1993, convicting defendant, after a jury trial, of manslaughter in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him, as a persistent felony offender, to concurrent terms of 15 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence. Defendant’s conduct created a substantial and unjustified risk of death of which he was aware and which he disregarded (People v Licitra, 47 NY2d 554, 558). We find that the prosecutor’s summation did not deprive defendant of a fair trial.

We have considered defendant’s remaining contentions, including those raised in his pro se supplemental brief, and find no basis for reversal. Concur — Ellerin, J. P., Rubin, Nardelli, Williams and Mazzarelli, JJ.