| People v Ford |
| 2014 NY Slip Op 00844 [114 AD3d 1221] |
| February 7, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v EricL. Ford, Appellant. |
—[*1] Sandra Doorley, District Attorney, Rochester (Matthew Dunham of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.),rendered May 7, 2009. The judgment convicted defendant, upon a jury verdict, ofmanslaughter in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, following a jurytrial, of manslaughter in the first degree (Penal Law § 125.20 [1]). Defendantfailed to preserve for our review his challenge to Supreme Court's justification charge(see CPL 470.05 [2]) and, in any event, we conclude that "the justificationcharge, viewed in its entirety, was a correct statement of the law" (People v Humphrey, 109AD3d 1173, 1175 [2013] [internal quotation marks omitted]; see People v Johnson, 103AD3d 1226, 1226 [2013], lv denied 21 NY3d 944 [2013]; People v Poles, 70 AD3d1402, 1403 [2010], lv denied 15 NY3d 808 [2010]). "Because the court didnot erroneously instruct the jury regarding justification, defense counsel was notineffective for failing to object to that charge" (Johnson, 103 AD3d at 1226;see Humphrey, 109 AD3d at 1175). Present—Centra, J.P., Peradotto,Carni, Lindley and Valentino, JJ.