People v Ramos
2014 NY Slip Op 00447 [113 AD3d 543]
January 28, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
Luis Ramos, Appellant.

[*1] Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay of counsel), for respondent.

Judgment, Supreme Court, Bronx County, (Martin Marcus, J.), rendered April 25, 2011, as amended May 24, 2011, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him, as a second felony offender, to a term of 22 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 identification and credibility. Defendant was identified by three witnesses, each of whom knew defendant from prior occasions.

We perceive no basis for reducing the sentence. Concur—Tom, J.P., Sweeny, DeGrasse, Gische and Clark, JJ.