PEOPLE v. HERNANDEZ (2025)

Judgment, Supreme Court, Bronx County (James McCarty, J.), rendered April 30, 2019, convicting defendant, after a jury trial, of manslaughter in the second degree, and sentencing him to a term of 41/212 to 131/212 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007];  see also People v. Baque, 43 N.Y.3d 26, 229 N.Y.S.3d 62, 254 N.E.3d 606 [2024]).  We find no basis to disturb the jury's credibility determinations.  The testimony from two eyewitnesses, who and knew the parties involved, provided an ample basis for the jury to conclude that defendant was the individual who stabbed the victim once in the chest.

Defendant's current contention that the stabbing described by the witnesses was only consistent with murder with intent to kill and not reckless manslaughter is unpreserved, and we decline to consider it in the interest of justice.  As an alternative holding, we find that the jury had an ample basis to convict defendant of manslaughter in the second degree, as it could be readily inferred from defendant's actions and the surrounding circumstances that he recklessly caused the victim's death by stabbing him in the manner described (see Penal Law §§ 15.05[3], 125.15[1];  People v. Haney, 85 A.D.3d 816, 924 N.Y.S.2d 563 [2d Dept. 2011], lv denied 17 N.Y.3d 859, 932 N.Y.S.2d 24, 956 N.E.2d 805 [2011]; People v. Smith, 251 A.D.2d 50, 673 N.Y.S.2d 666 [1st Dept. 1998], lv denied 92 N.Y.2d 882, 678 N.Y.S.2d 30, 700 N.E.2d 568 [1998];  People v. Navarette, 131 A.D.2d 326, 329, 516 N.Y.S.2d 460 [1st Dept. 1987], lv denied 70 N.Y.2d 705, 519 N.Y.S.2d 1040, 513 N.E.2d 717 [1987];  cf.  People v. Rivera, 23 N.Y.3d 112, 124, 989 N.Y.S.2d 446, 12 N.E.3d 444 [2014];  People v. Stanford, 87 A.D.3d 1367, 1368, 930 N.Y.S.2d 149 [4th Dept. 2011], lv denied 18 N.Y.3d 886, 939 N.Y.S.2d 756, 963 N.E.2d 133 [2012]).

Defendant's challenge to the prosecutor's comments on the evidence in their summation is unpreserved (see People v. Romero, 7 N.Y.3d 911, 912, 828 N.Y.S.2d 274, 861 N.E.2d 89 [2006]), and we decline to consider it in the interest of justice.  As an alternative holding, we find no basis for reversal (see People v. D'Alessandro, 184 A.D.2d 114, 118–119, 591 N.Y.S.2d 1001 [1st Dept. 1992], lv denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993];  People v. Judd, 213 A.D.2d 218, 219, 623 N.Y.S.2d 855 [1st Dept. 1995], lv denied 86 N.Y.2d 737, 631 N.Y.S.2d 617, 655 N.E.2d 714 [1995]).

We perceive no basis to reduce defendant's sentence.