| People v McGowan |
| 2014 NY Slip Op 00187 [113 AD3d 449] |
| January 14, 2014 |
| 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 Anthony McGowan, Appellant. |
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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. Concur—Sweeny, J.P., Renwick, Andrias, Freedman and Feinman, JJ.