| People v Holmes |
| 2004 NYSlipOp 08238 |
| Decided on November 15, 2004 |
| Appellate Division, Second Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on November 15, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARMENTHOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
DECISION & ORDER
2002-10992
[*1]The People, etc., respondent,
v
Larry Holmes, appellant. (Ind. No. 8794/01)
v
Larry Holmes, appellant. (Ind. No. 8794/01)
Lynn W. L. Fahey, New York, N.Y. (M. Chris Fabricant of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Amy Appelbaum of
counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered November 19, 2002, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention concerning the trial court's charge on the issue of justification is unpreserved for appellate review and we decline to review this issue in the exercise of our interest of justice jurisdiction (cf. People v Feuer, AD3d [2d Dept, Oct. 18, 2004]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
H. MILLER, J.P., CRANE, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court