People v Wallace

People v Wallace 2010 NY Slip Op 09541 [79 AD3d 1075] December 21, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

The People of the State of New York, Respondent,
v
Oneil Wallace, Appellant.

—[*1] Lynn W.L. Fahey, New York, N.Y. (Chadbourne & Parke LLP [Thomas E. Butler and Laura Rowntree], of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Wrobel & Schatz LLP [M. Katherine Sherman], of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered April 16, 2009, convicting him of manslaughter in the second 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 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in admitting into evidence a recording of a 911 call placed by the victim's mother as an excited utterance, since the probative value of the 911 call outweighed any prejudicial effect (see People v Carrenard, 56 AD3d 486, 487 [2008]; cf. People v Jamerson, 21 AD3d 428 [2005]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86 [1982]). Covello, J.P., Florio, Eng and Chambers, JJ., concur.