People v. Baker

• Citation: 542 N.Y.S.2d 420,151 A.D.2d 973
• Parties: PEOPLE of the State of New York, Respondent, v. Mitchell BAKER, Appellant.
• Decision Date: 02 June 1989
• Court: New York Supreme Court Appellate Division

Page 420

542 N.Y.S.2d 420

151 A.D.2d 973

PEOPLE of the State of New York, Respondent, v. Mitchell BAKER, Appellant.

Supreme Court, Appellate Division,

Fourth Department.

June 2, 1989.

Linda S. Reynolds by Steven J. Ricca, Buffalo, for appellant.

Kevin M. Dillon by J. Michael Marion, Buffalo, for respondent.

Before CALLAHAN, J.P., and DENMAN, BOOMER, BALIO and LAWTON, JJ.

MEMORANDUM:

Defendant was convicted of manslaughter in the second degree (Penal Law § 125.15[1] for recklessly causing the death of David Harris by stabbing him in the heart following an altercation on a street corner. On appeal, he claims that the jury's verdict was against the weight of the evidence because the conflicting testimony at trial failed to establish that he acted recklessly.

The jury, faced with sharply conflicting testimony, had to resolve an issue of credibility. Credibility is best determined by the trier of fact, who has the advantage of observing the witnesses and is in a superior position to judge veracity (People v. Shedrick, 104 A.D.2d 263, 274, 482 N.Y.S.2d 939, affd. 66 N.Y.2d 1015, 499 N.Y.S.2d 388, 489 N.E.2d 1290, rearg. denied 67 N.Y.2d 758, 500 N.Y.S.2d 1028, 490 N.E.2d 1234; People v. Christian, 139 A.D.2d 896, 527 N.Y.S.2d 1019, lv. denied 71 N.Y.2d 1024, 530 N.Y.S.2d 559, 526 N.E.2d 51). On this record, the jury was clearly entitled to disbelieve defendant's claim that he accidentally stabbed the victim with a pen knife that he happened to find earlier that evening. Moreover, it is apparent from the record that the jury conscientiously considered both manslaughter in the second degree and the lesser included offense of criminally negligent homicide.

Upon the exercise of our factual review power, after weighing the conflicting testimony, we find that the verdict was not against the weight of the evidence (see CPL 470.15[5]; People v. Hughes, 138 A.D.2d 523, 525, 526 N.Y.S.2d 130; People v. Faulk, 137 A.D.2d 830, 831, 525 N.Y.S.2d 292; People v. Toney, 132 A.D.2d 955, 518 N.Y.S.2d 280, lv. denied 70 N.Y.2d 938, 524 N.Y.S.2d 690, 519 N.E.2d 636).

Judgment unanimously affirmed.