Majority
p. 449The People of the State of New York, Respondent, v Anthony McGowan, Appellant. [977 NYS2d 891]
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.
Cases cited
- People v. Danielson 9 NY3d 342 at 348-349 p. 449