| People v Conroy |
| 2008 NY Slip Op 05365 [52 AD3d 320] [52 AD3d 320] |
| June 12, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Bryan Conroy, Appellant. |
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Robert M. Morgenthau, District Attorney, New York (Sheryl Feldman of counsel), for
respondent.
Judgment, Supreme Court, New York County (Robert H. Straus, J.), rendered December 9, 2005, convicting defendant, after a nonjury trial, of criminally negligent homicide, and sentencing him to a term of five years' probation and community service, unanimously affirmed.
The verdict was based on legally sufficient evidence and 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 court's determinations concerning credibility, including its rejection of defendant's version of the incident. The record is clear that the court based its verdict on its finding that defendant, a police officer, pursued and repeatedly shot the victim without justification. Concur—Tom, J.P., Saxe, Friedman, Buckley and Catterson, JJ.