| People v Cruz |
| 2019 NY Slip Op 03203 [171 AD3d 1509] |
| April 26, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Pascual Cruz, Appellant. |
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, 170 AD3d 1555, 1558 [4th Dept 2019]; People v Burgess, 128 AD3d 530, 532 [1st Dept 2015], lv denied 26 NY3d 1086 [2015]). Present—Centra, J.P., Carni, Lindley, NeMoyer and Troutman, JJ.