People v Verdejo

People v Verdejo 2011 NY Slip Op 02807 Decided on April 7, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 7, 2011
Tom, J.P., Saxe, DeGrasse, Freedman, Abdus-Salaam, JJ.
4740 4878/07

[*1]The People of the State of New York, Respondent,

v

Cristobal Verdejo, Defendant-Appellant.



 
Robert S. Dean, Center for Appellate Litigation, New York (Jan
Hoth of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of
counsel), for respondent.

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered July 2, 2008, 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 to an aggregate term of 25 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations. The
victim's testimony, which was corroborated by three eyewitnesses, clearly disproved defendant's justification defense.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 7, 2011

CLERK