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The People of the State of New York, Respondent, v. Anthony McGowan, Appellant

New York Supreme Court, Appellate Division2014-01-14
113 A.D.3d 449977 N.Y.S.2d 891

Authorities cited

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Opinion

majority opinion

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.