Appellate Division of the Supreme Court of New York, 2014

People v. McGowan

People v. McGowan
Appellate Division of the Supreme Court of New York · Decided January 14, 2014
113 A.D.3d 449; 977 N.Y.2d 891
People v. McGowan

Opinion of the Court

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.

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