Opinion
453 KA 16-00642
04-26-2019
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PASCUAL CRUZ, DEFENDANT-APPELLANT.
THOMAS J. EOANNOU, BUFFALO, FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.
PRESENT:
THOMAS J. EOANNOU, BUFFALO, FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered August 30, 2012. The judgment convicted defendant, upon a jury verdict, of attempted murder in the second degree and criminal use of a firearm in the first degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and criminal use of a firearm in the first degree (§ 265.09 [1] [a]). Upon our independent review of the evidence in light of both the elements of the crimes as charged to the jury and the justification charge (see generally People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see People v Gaillard, 162 AD3d 1205, 1206-1207 [3d Dept 2018], lv denied 32 NY3d 1064 [2018]; see generally People v Sanchez, 32 NY3d 1021, 1023 [2018]; People v Kancharla, 23 NY3d 294, 302-303 [2014]). Contrary to defendant's further contention, Supreme Court properly denied his Batson applications (see People v Linder, — AD3d —, —, 2019 NY Slip Op 01965, *2-3 [4th Dept 2019]; People v Burgess, 128 AD3d 530, 532 [1st Dept 2015], lv denied 26 NY3d 1086 [2015]).
Entered: April 26, 2019
Mark W. Bennett
Clerk of the Court