Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The PEOPLE, etc., respondent, v. Damien ADAMS, appellant.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered March 15, 2006, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court gave an erroneous charge to the jury on the defense of justification is unpreserved for appellate review. The defendant failed to object to the charge at any time during trial. In fact, defense counsel specifically stated that he had no objection to the charge as given (see People v. Noor, 177 A.D.2d 517, 576 N.Y.S.2d 149).
In any event, this contention is without merit. The charge, considered as a whole, accurately conveyed the correct standard to the jury (see People v. Fields, 87 N.Y.2d 821, 823, 637 N.Y.S.2d 355, 660 N.E.2d 1134; People v. Edwards, 19 A.D.3d 613, 796 N.Y.S.2d 542; People v. Bradley, 268 A.D.2d 591, 704 N.Y.S.2d 262; People v. Noor, 177 A.D.2d 517, 576 N.Y.S.2d 149). Since the charge was proper, defense counsel was not ineffective in failing to object to the justification charge. Viewing defense counsel's performance in totality, counsel provided meaningful representation (see People v. Reeder, 209 A.D.2d 551, 618 N.Y.S.2d 839).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The contentions raised in the defendant's pro se supplemental brief are unpreserved for appellate review and, in any event, are without merit.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: October 07, 2008
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)