People v. Hill — 266 A.D.2d 473

Majority

p. 473

The People of the State of New York, Respondent, v James Hill, Appellant.

[698 NYS2d 888]

—Appeal by the defen

p. 474

dant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered January 9, 1997, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, there is no reasonable view of the evidence which would support a finding that he was not aware of the risk of death in holding a loaded shotgun with his finger on the trigger in close proximity to the victim to warrant a charge of criminally-negligent homicide as a lesser-included offense of manslaughter in the second degree (see, People v Randolph, 81 NY2d 868 , 869; People v Green, 56 NY2d 427 , 434; People v Cameron, 244 AD2d 350 ; People v Ficaro, 233 AD2d 460 , 461; People v Stephens, 198 AD2d 245 , affd 84 NY2d 990 ; People v Williams, 192 AD2d 737 ; People v Jenkins, 176 AD2d 348 ).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ). O’Brien, J. P., Krausman, Florio and Feuerstein, JJ., concur.

Cases cited

People v. Randolph 81 NY2d 868 N.Y. 1993-03-30 at 869 p. 474
People v. Green 56 NY2d 427 N.Y. 1982-06-23 at 434 p. 474
People v. Cameron 244 AD2d 350 N.Y. App. Div. 1997-11-03 p. 474
People v. Stephens 84 NY2d 990 N.Y. 1994-12-22 p. 474
People v. Williams 192 AD2d 737 N.Y. App. Div. 1993-04-26 p. 474
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 474