People v. Vines
| Decision Date | 13 May 2008 |
| Docket Number | 2006-10694. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL VINES, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant's guilt of manslaughter in the second degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (People v Romero, 7 NY3d 633; People v Hart, 8 AD3d 402, 404 [2004]).
The introduction of testimony regarding the results of a portable breathalyzer test performed on the defendant did not constitute reversible error, because this testimony was elicited after defense counsel opened the door to the matter on cross-examination (see People v Melendez, 55 NY2d 445, 451-453 [1982]; People v Joyner, 295 AD2d 625 [2002]; People v Peoples, 143 AD2d 780 [1988]). Moreover, any potential prejudice to the defendant was alleviated by the trial court's curative instructions to the jury (see People v Hernandez, 11 AD3d 479 [2004]; People v Joyner, 295 AD2d at 625).
The defendant received the effective assistance of counsel (see People v Benevento, 91 NY2d 708, 712 [1998]).
The sentence imposed was not excessive (see People v Pena, 50 NY2d 400, 412 [1980], cert denied 449 US 1087 [1981]; People v Suitte, 90 AD2d 80, 83 [1982]).
The defendant's remaining contentions are without merit.
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