The People, etc., respondent, v. Oneil Wallace, appellant. (2010)

Argued-December 2, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered April 16, 2009, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.   Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 NY3d 633).

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in admitting into evidence a recording of a 911 call placed by the victim's mother as an excited utterance, since the probative value of the 911 call outweighed any prejudicial effect (see People v. Carrenard, 56 AD3d 486, 487;  cf.  People v. Jamerson, 21 AD3d 428, 428).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 85-86).

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court