People v Bowman
2007 NY Slip Op 07713 [44 AD3d 784]
October 9, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


The People of the State of New York, Respondent,
v
David Bowman, Appellant.

[*1] Steven Banks, New York, N.Y. (Allen Fallek of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Anne M. Krepshaw of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered December 13, 2005, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in denying his request for a jury instruction on the affirmative defense of renunciation. Viewing the evidence adduced at trial in the light most favorable to the defendant (see People v Taylor, 80 NY2d 1, 12 [1992]), no reasonable view of the evidence supports the conclusion that the defendant made a substantial effort to prevent the crime prior to its commission (see Penal Law § 40.10 [1]; People v Curry, 294 AD2d 608, 612 [2002]; People v Genyard, 288 AD2d 395 [2001]; People v Montes, 211 AD2d 687, 687-688 [1995]). Thus, the trial court properly denied the defendant's request.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Schmidt, J.P., Goldstein, Skelos and Fisher, JJ., concur.