People v McGowan

People v McGowan 2014 NY Slip Op 00187 Decided on January 14, 2014 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 January 14, 2014
Sweeny, J.P., Renwick, Andrias, Freedman, Feinman, JJ.
11474 2003/11

[*1]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.

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 NY3d 342, 348-349 [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.

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

ENTERED: JANUARY 14, 2014

CLERK