People v Stetson-Shanahan, 2024 NY Slip Op 06064 [233 AD3d 712]
December 4, 2024
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Render Stetson-Shanahan, Appellant.
Patricia Pazner (Hannah Kon and Covington & Burling LLP, New York, NY [Catherine M. Carulas and Gina N. Gonzales], of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Jonathan E. Maseng of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Richard L. Buchter, J.), rendered June 10, 2020, convicting him of manslaughter in the second degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see CPL 470.05 [2]). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes , 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of manslaughter in the second degree beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15 [5]; People v Danielson , 9 NY3d 342 , 348 [2007]), we nevertheless accord great deference to the factfinder’s opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo , 2 NY3d 383 [2004]; People v Bleakley , 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero , 7 NY3d 633 [2006]).
The sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Barros, J.P., Wooten, Dowling and Landicino, JJ., concur..