PEOPLE v. JONES-McFARLAND

2012-04957, Ind. No. 1214/11.

2017 NY Slip Op 01232

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRENCE JONES-McFARLAND, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.


Attorney(s) appearing for the Case

Lynn W. L. Fahey , New York, NY ( Kathleen Whooley of counsel), for appellant.

Eric Gonzalez , Acting District Attorney, Brooklyn, NY ( Leonard Joblove , Solomon Neubort , and Michael Brenner of counsel), for respondent.

Before: Reinaldo E. Rivera, J.P., Mark C. Dillon, Cheryl E. Chambers, Sylvia O. Hinds-Radix, JJ.


Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered May 1, 2012, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence.

DECISION & ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel. Defense counsel was not ineffective in failing to request a charge on manslaughter in the second degree, since there is no reasonable view of the evidence that would have supported a finding that the defendant acted recklessly in repeatedly shooting the victim (see People v Rivera, 23 N.Y.3d 112, 122; People v Fitzgerald, 120 A.D.3d 506, 508; People v Etienne, 250 A.D.2d 776).

The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.


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