People v Fields

2005 NY Slip Op 01632

Decided on March 3, 2005

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 3, 2005
Andrias, J.P., Saxe, Friedman, Marlow, Nardelli, JJ.
5502






Ind. 8226/99Laura R. Johnson, The Legal Aid Society, New
York (Ellen Dille of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Amyjane
Rettew of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered February 15, 2001, convicting defendant, after a jury trial, of manslaughter in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). The jury was presented with conflicting expert testimony regarding the cause of death, and the record supports its decision to credit the People's expert testimony
(see People v Miller, 91 NY2d 372, 380 [1998]).
M-606 - People v Fields

Motion seeking severance of the appeal from the judgment of Supreme Court, New York County, rendered on or about January 15, 2002, granted and defendant's time to perfect said appeal enlarged to September 2005 Term.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 3, 2005

CLERK