People v. Moore

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of manslaughter in the second degree (Penal Law § 125.15 [1]) and endangering the welfare of a child (Penal Law § 260.10 [1]) arising out of the death of the 2½-year-old son of defendant’s girlfriend, who had entrusted the child to defendant’s care. Defendant contends that all of the People’s evidence was circumstantial and that County Court therefore erred in failing to give a circumstantial evidence charge. Defendant concedes, however, that defense counsel did not request a…