People v. Wright

Summary

The Appellate Division, Fourth Department affirmed a judgment convicting Jimmie Wright of first-degree manslaughter. The majority held that the evidence did not support a lesser-included charge of second-degree manslaughter and rejected Wright's claims concerning identification suppression and ineffective assistance of counsel. Justice Ogden dissented, concluding that the evidence and the jury's verdict supported the requested reckless manslaughter charge.

Holdings

1. The verdict convicting defendant of first-degree manslaughter was not against the weight of the evidence.
2. The trial court properly refused to instruct the jury on second-degree manslaughter because no reasonable view of the evidence supported a finding that defendant acted recklessly rather than intentionally.
3. Defendant was not denied effective assistance of counsel because a suppression motion challenging the identification testimony as unreliable would have had little or no chance of success.
4. Defendant's remaining ineffective-assistance claims lacked merit.

Questions Presented

1. Whether the verdict convicting defendant of first-degree manslaughter was against the weight of the evidence.
2. Whether the trial court erred by refusing to instruct the jury on second-degree manslaughter as a lesser included offense.
3. Whether defense counsel was ineffective for failing to seek suppression of identification testimony in the pretrial omnibus motion.
4. Whether defendant established any additional claims of ineffective assistance of counsel.

Disposition

affirmed