| People v Mitchell |
| 2007 NY Slip Op 07139 [43 AD3d 1337] |
| September 28, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v RodneyMitchell, Appellant. |
—[*1] Rodney Mitchell, defendant-appellant pro se. Frank J. Clark, District Attorney, Buffalo (Raymond C. Herman of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.),rendered February 9, 2006. The judgment convicted defendant, upon a jury verdict, of attemptedmurder in the second degree, rape in the first degree and sexual abuse in the first degree.
It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of,inter alia, attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]).Contrary to defendant's contention, the verdict is not against the weight of the evidence (seegenerally People v Bleakley, 69 NY2d 490, 495 [1987]). The People presented the testimonyof the victim and the DNA evidence linking defendant to the crimes, and it cannot be said thatthe jury failed to give the evidence the weight it should be accorded (see generally id.; People v Walek, 28AD3d 1246 [2006], lv denied 7 NY3d 764 [2006]). The sentence is not unduly harshor severe. We have considered the remaining contentions of defendant, including those raised inhis pro se supplemental brief, and we conclude that they are without merit. Finally, we note thatthe certificate of conviction incorrectly reflects that defendant was convicted upon a plea ofguilty, and it must therefore be amended to reflect that he was convicted upon a jury verdict (see generally People v Saxton, 32AD3d 1286 [2006]). Present—Gorski, J.P., Smith, Centra, Fahey and Pine, JJ.