Opinion
2014-01-28
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay of counsel), for respondent.
Judgment, Supreme Court, Bronx County, (Martin Marcus, J.), rendered April 25, 2011, as amended May 24, 2011, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him, as a second felony offender, to a term of 22 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 identification and credibility. Defendant was identified by three witnesses, each of whom knew defendant from prior occasions.
We perceive no basis for reducing the sentence. TOM, J.P., SWEENY, DeGRASSE, GISCHE, CLARK, JJ., concur.