People v Fowle

2009 NY Slip Op 01663 [60 AD3d 691]

March 3, 2009

Appellate Division, Second Department

As corrected through Wednesday, May 6, 2009

67—The People of the State of New York,Respondent, v Jahbir Fowle, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B.Goodman of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.),rendered March 8, 2006, convicting him of manslaughter in the second degree, upon a juryverdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's challenge to certain portions of the trial court's charge to the jury on thedefense of justification is unpreserved for appellate review (see CPL 470.05 [2];People v McDaniel, 168 AD2d 640, 641 [1990]; People v Hanley, 112 AD2d1048, 1049 [1985]). In any event, any error in the jury charge was harmless since there wasoverwhelming evidence of the defendant's guilt and there is no significant probability that anyerror contributed to the defendant's conviction (see People v Crimmins, 36 NY2d 230,242 [1975]; see also People v Petty,7 NY3d 277 [2006]).

The defendant was afforded meaningful representation (see People v Turner, 5 NY3d 476, 480 [2005]; People vBenevento, 91 NY2d 708, 713-714 [1998]). Rivera, J.P., Fisher, Leventhal and Chambers,JJ., concur.