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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL VINES, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt of manslaughter in the second degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( People v Romero, 7 NY3d 633; People v Hart, 8 AD3d 402, 404).

The introduction of testimony regarding the results of a portable breathalyzer test performed on the defendant did not constitute reversible error, because this testimony was elicited after defense counsel opened the door to the matter on cross-examination ( see People v Melendez, 55 NY2d 445, 451-453; People v Joyner, 295 AD2d 625; People v Peoples, 143 AD2d 780). Moreover, any potential prejudice to the defendant was alleviated by the trial court's curative instructions to the jury ( see People v Hernandez, 11 AD3d 479; People v Joyner, 295 AD2d at 625).

The defendant received the effective assistance of counsel ( see People v Beneuento, 91 NY2d 708, 712).

The sentence imposed was not excessive ( see People v Pena, 50 NY2d 400, 412, cert denied 449 US 1087; People v Suitte, 90 AD2d 80, 83).

The defendant's remaining contentions are without merit.

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PEOPLE v. VINES
(May 13, 2008)