| People v Wallace |
| 2010 NY Slip Op 09541 [79 AD3d 1075] |
| December 21, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v OneilWallace, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, andWrobel & Schatz LLP [M. Katherine Sherman], of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.),rendered April 16, 2009, convicting him of manslaughter in the second degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes,60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond areasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we aresatisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]).
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion inadmitting into evidence a recording of a 911 call placed by the victim's mother as an excited utterance,since the probative value of the 911 call outweighed any prejudicial effect (see People v Carrenard, 56 AD3d486, 487 [2008]; cf. People vJamerson, 21 AD3d 428 [2005]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86[1982]). Covello, J.P., Florio, Eng and Chambers, JJ., concur.