| People v Hooks |
| 2017 NY Slip Op 01886 [148 AD3d 930] |
| March 15, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Christopher Hooks, Appellant. |
Lynn W. L. Fahey, New York, NY (Benjamin S. Litman of counsel), for appellant, andappellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Lori Glachman,and Daniel Berman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice,J.), rendered August 22, 2013, convicting him of manslaughter in the first degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant was convicted of acting in concert with an unidentified accomplice inconnection with the assault and fatal shooting of his daughter's stepfather. The defendantcontends that the evidence was legally insufficient, and that the verdict was against the weight ofthe evidence, with respect to the element of his intent to seriously injure the decedent as requiredfor his conviction of manslaughter in the first degree (see Penal Law§ 125.20 [1]). Contrary to the People's contention, the defendant's legal sufficiencyclaim is preserved for appellate review (see People v Hawkins, 11 NY3d 484, 492 [2008]). Viewing theevidence adduced at trial in the light most favorable to the prosecution (see People vContes, 60 NY2d 620 [1983]), the evidence was legally sufficient to prove the defendant'sguilt beyond a reasonable doubt (seePeople v Danielson, 9 NY3d 342, 349 [2007]). The jury could rationally infer from theevidence that the defendant and his accomplice shared "a community of purpose" (People v Scott, 25 NY3d 1107,1110 [2015]; see People v Martinez,30 AD3d 353 [2006]; People v Witherspoon, 300 AD2d 605 [2002]; People vMejia, 297 AD2d 755, 756 [2002]; People v Santana, 191 AD2d 174 [1993]).
Moreover, in fulfilling our responsibility to conduct an independent review of the weight ofthe evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]) we nevertheless accordgreat deference to the factfinder's opportunity to view the witnesses, hear the testimony, andobserve demeanor (see People v Mateo, 2 NY3d 383 [2004]; People v Bleakley,69 NY2d 490 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guiltwas not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Rizzo, 142 AD3d 1187[2016]). The defendant's actions and participation in the assault on the victim, as well as theundisputed evidence that it was the defendant who had the motive for the attack, demonstratedthat the defendant shared the intent [*2]to cause serious physicalinjury to the victim, and that he was culpable for causing the victim's death, whether it was thedefendant, or his accomplice, who fired the fatal shot.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).The defendant's contention that the sentence imposed was improperly based on the crime ofwhich he was acquitted is unpreserved for appellate review, as the defendant did not raise thisissue at the time of sentencing (see CPL 470.05 [2]; People v Wingate, 142 AD3d 630 [2016]; People v Malcolm, 131 AD3d1068 [2015]). In any event, the contention is without merit (see People v Hall, 46NY2d 873, 875 [1979]; People vGuerrero, 129 AD3d 1102, 1103 [2015]; People v Morgan, 27 AD3d 579, 580 [2006]; People vRobinson, 250 AD2d 629 [1998]). The defendant's contention that the sentence imposedimproperly penalized him for exercising his right to a trial is unpreserved for appellate reviewand, in any event, without merit (see CPL 470.05 [2]; People v Hurley, 75 NY2d887, 888 [1990]).
The contentions raised in the defendant's pro se supplemental brief are unpreserved forappellate review, and, in any event, are either without merit or do not require reversal. Dillon,J.P., Austin, Hinds-Radix and Maltese, JJ., concur.