| People v Collins |
| 2007 NY Slip Op 07140 [43 AD3d 1338] |
| September 28, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v CharlestonCollins, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Audra Albright of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), renderedMay 14, 2003. The judgment convicted defendant, upon a jury verdict, of manslaughter in thefirst degree.
It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict ofmanslaughter in the first degree (Penal Law § 125.20 [1]). Contrary to defendant'scontention, the conviction is supported by legally sufficient evidence and the verdict is notagainst the weight of the evidence (seePeople v Bisono, 37 AD3d 844 [2007], lv denied 8 NY3d 981 [2007];People v Garcia, 308 AD2d 389 [2003], lv denied 1 NY3d 572). The intent ofdefendant to cause serious physical injury may be inferred from his conduct in stabbing thevictim (see People v Steinberg, 79 NY2d 673, 682 [1992]; People v Tedesco, 30 AD3d 1075,1076 [2006], lv denied 7 NY3d 818 [2006]; People v Shero, 283 AD2d 953[2001], lv denied 96 NY2d 868 [2001]). Although defendant contends that a prosecutionwitness was not credible, it was for the jury to resolve issues of credibility, and its determinationis entitled to great deference on appeal (see Bisono, 37 AD3d at 844-845; People vWilliams, 284 AD2d 957 [2001], lv denied 96 NY2d 943 [2001]).
Contrary to the further contention of defendant, County Court properly refused to suppresshis statement to the police. The court's assessment of the credibility of the police officer whotestified at the suppression hearing is entitled to deference (see People v Prochilo, 41NY2d 759, 761 [1977]), and the record supports the court's determination that defendantvoluntarily made the statement after waiving his Miranda rights (see People v Gainey, 34 AD3d1250 [2006], lv denied 8 NY3d 880 [2007]). We have reviewed defendant'sremaining contentions and conclude that they are without merit. Present—Gorski, J.P.,Smith, Centra, Fahey and Pine, JJ.