People v. Birt

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dwyer, J.), rendered January 10, 2013, convicting him of man slaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he was deprived of the effective assistance of counsel is without merit. A reasonable view of the evidence shows that the defendant’s conduct in shooting the victim was intentional, not reckless. Thus, trial counsel’s choice not to request a charge of the…