People v. Green

• Decision Date: 09 October 2013
• Parties: The PEOPLE, etc., respondent, v. Jeremy GREEN, appellant.
• Court: New York Supreme Court — Appellate Division

110 A.D.3d 825
973 N.Y.S.2d 679
2013 N.Y. Slip Op. 06587

The PEOPLE, etc., respondent,
v.
Jeremy GREEN, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Oct. 9, 2013.

[973 N.Y.S.2d 680]

Steven Banks, New York, N.Y. (Karen M. Kalikow of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel), for respondent.

PETER B. SKELOS, J.P., L. PRISCILLA HALL, JEFFREY A. COHEN, and SYLVIA O. HINDS–RADIX, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered October 6, 2008, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and sentencing him to a determinate term of imprisonment of 18 years plus a period of 5 years of postrelease supervision on the conviction of manslaughter in the first degree and a definite sentence of incarceration of 1 year on the conviction of criminal possession of a weapon in the fourth degree, to run concurrently.

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed on the conviction of manslaughter in the first degree from a determinate term of imprisonment of 18 years plus a period of 5 years of postrelease supervision to a determinate term of imprisonment of 10 years plus a period of 5 years of postrelease supervision; as so modified, the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt ( see People v. Rodriguez, 73 A.D.3d 815, 900 N.Y.S.2d 402;People v. Chung, 39 A.D.3d 558, 559, 835 N.Y.S.2d 223;People v. Terrero, 31 A.D.3d 672, 818 N.Y.S.2d 288;People v. Young, 240 A.D.2d 974, 976–977, 659 N.Y.S.2d 542;People v. Henegan, 150 A.D.2d 606, 541 N.Y.S.2d 476). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( seeCPL 470.15[5]; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053,cert. denied542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d...