People v DeCapua
2009 NY Slip Op 00867 [59 AD3d 1007]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent, v Rocky DeCapua, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (Drew R. DuBrin of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Kelly Christine Wolford of counsel), for respondent.

Appeal from a sentence of the Monroe County Court (Richard A. Keenan, J.), rendered March 2, 2007. Defendant was sentenced upon his conviction of manslaughter in the first degree.

It is hereby ordered that the sentence so appealed from is unanimously affirmed. Present—Martoche, J.P., Fahey, Green, Pine and Gorski, JJ.