PEOPLE v. HUNTER (2004)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Eddie HUNTER, Defendant-Appellant.

Decided: November 04, 2004

NARDELLI, J.P., ANDRIAS, SULLIVAN, WILLIAMS, FRIEDMAN, JJ.

Laura R. Johnson, The Legal Aid Society, New York (Steven J. Miraglia of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Maria I. Immitt of counsel), for respondent.

Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered July 19, 2002, convicting defendant, after a nonjury trial, of manslaughter in the second degree, and sentencing him, as a second felony offender, to a term of 7 1/212 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility (see People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112 [1903] ). We note that the testimony of the eyewitness was corroborated by medical evidence. The evidence established that defendant acted recklessly by both punching and kicking the victim in the head, and that this reckless course of conduct, viewed as a whole, caused the victim's death (see People v. Quinones, 177 A.D.2d 519, 576 N.Y.S.2d 39 [1991], lv. denied 79 N.Y.2d 862, 580 N.Y.S.2d 734, 588 N.E.2d 769 [1992] ).

We perceive no basis for reducing the sentence.

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