← Cases

People v. Davis

156 A.D.3d 1338 Court N.Y. App. Div. Decision date 2017-12-22 English

Judges Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Cur-ran, JJ.

Contents

Majority

p. 1338
The People of the State of New York, Respondent, v Tanisha M. Davis, Appellant.
[65 NYS3d 839]

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered September 18, 2013. The judgment convicted defendant, upon a jury verdict, of manslaughter in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her, upon a jury verdict, of manslaughter in the first degree (Penal Law § 125.20 [1]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence when viewed in light of the elements of the crime as charged to the jury (see generally People v Danielson, 9 NY3d 342 , 349 [2007];

p. 1339
People v Bleakley, 69 NY2d 490 , 495 [1987]). Contrary to defendant’s further contention, we conclude that she received meaningful representation (see generally People v Benevento, 91 NY2d 708 , 711-714 [1998]; People v Baldi, 54 NY2d 137 , 147 [1981]). We conclude that the sentence is not unduly harsh or severe. Defendant failed to preserve her remaining contentions for our review (see generally CPL 470.05 [2]), and we decline to exercise our power to review them as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).

Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Cur-ran, JJ.

Cases cited