People v. Baker

Judgment unanimously affirmed. Memorandum: Defendant was convicted of manslaughter in the second degree (Penal Law § 125.15 [1]) for recklessly *974causing the death of David Harris by stabbing him in the heart following an altercation on a street corner. On appeal, he claims that the jury’s verdict was against the weight of the evidence because the conflicting testimony at trial failed to establish that he acted recklessly.

The jury, faced with sharply conflicting testimony, had to resolve an issue of credibility. Credibility is best determined by the trier of fact, who has the advantage of…