People v Saunders
2008 NY Slip Op 06936 [54 AD3d 612]
September 18, 2008
Appellate Division, First Department
As corrected through Wednesday, October 29, 2008


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

[*1]Robert S. Dean, Center for Appellate Litigation, New York (William A. Loeb ofcounsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Frances Y. Wang of counsel), forrespondent.

Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered April 17, 2007,convicting defendant, after a jury trial, of murder in the second degree, manslaughter in thesecond degree and criminal possession of a weapon in the second degree, and sentencing him,respectively, to consecutive terms of 25 years to life and 5 to 15 years, concurrent with a term of15 years on the weapon conviction, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]; see alsoPeople v Rayam, 94 NY2d 557 [2000]). The evidence supports the conclusion that defendantacted intentionally as to one victim but recklessly as to the other.

We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Andrias,Saxe, Friedman and Acosta, JJ.


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