People v. Forgione

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered November 28, 1986, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

Viewing the evidence in the light most favorable to the prosecution, we find the eyewitness and expert proof legally sufficient to support the defendant’s conviction for manslaughter in the first degree. Moreover, upon the exercise of…