| People v Harris |
| 2012 NY Slip Op 08548 [101 AD3d 900] |
| December 12, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Brigitte Harris, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and JohnnetteTraill of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Cooperman, J.), rendered November 6, 2009, convicting her of manslaughter in the seconddegree and criminal possession of a weapon in the fourth degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court should have charged the jury withcriminally negligent homicide as a lesser-included offense of murder in the second degree isunpreserved for appellate review (see CPL 300.50 [2]; People v Diaz, 71 AD3d 1158,1158-1159 [2010]; People v Osorio,49 AD3d 562, 563 [2008]). In any event, the defendant's contention is without merit, asthere is no reasonable view of the evidence that would support the conclusion that the defendantcommitted the lesser offense of criminally negligent homicide (see CPL 300.50 [1];People v Glover, 57 NY2d 61, 63 [1982]).
Contrary to the defendant's contention on appeal, she received the effective assistance ofcounsel (see People v Baldi, 54 NY2d 137, 147 [1981]; People v Calderon, 66 AD3d 314,320-321 [2009]).
The defendant's contention that the imposed sentence was improperly based on the crimes ofwhich she was acquitted is unpreserved for appellate review (see CPL 470.05 [2]; People v Stanley, 50 AD3d 1066,1067-1068 [2008]; People vRambali, 27 AD3d 582, 582 [2006]) and, in any event, is without merit (see Peoplev Stanley, 50 AD3d at 1067-1068; People v Robinson, 250 AD2d 629, 629 [1998]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Angiolillo, J.P., Dickerson, Hall and Austin, JJ., concur.