People v. Harper

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.), rendered September 24, 2009, convicting him of manslaughter 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.

Contrary to the defendant’s contention, the trial court did not err by giving a justification charge which did not reference a third party who fought with the defendant shortly before the struggle between the defendant and the victim which resulted in the victim’s demise. Viewing the…