Opinion
2014-01-14
The PEOPLE of the State of New York, Respondent, v. Anthony McGOWAN, Defendant–Appellant.
Richard M. Greenberg, Office of The Appellate Defender, New York (Rosemary Herbert of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.
Richard M. Greenberg, Office of The Appellate Defender, New York (Rosemary Herbert of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered February 14, 2010, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first degree and two counts of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 20 years, unanimously affirmed.
The verdict was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's determinations concerning credibility and identification. In addition to the victim's testimony, recorded phone calls made by defendant while he was incarcerated pending trial provided persuasive evidence of defendant's guilt.
We perceive no basis for reducing the sentence. SWEENY, J.P., RENWICK, ANDRIAS, FREEDMAN, FEINMAN, JJ., concur.