| People v Rodriguez |
| 2009 NY Slip Op 02721 [61 AD3d 460] |
| April 9, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Hector Rodriguez, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Nancy D. Killian of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Ethan Greenberg, J.), rendered September 26,2007, as amended January 8, 2008, convicting defendant, after a jury trial, of attempted murderin the second degree, assault in the first degree and criminal possession of a weapon in thesecond and third degrees, and sentencing him to an aggregate term of seven years, unanimouslyaffirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is nobasis for disturbing the jury's determinations concerning credibility, including its acceptance ofthe victim's version of the incident. The victim's testimony clearly negated defendant'sjustification defense, particularly with respect to the final shot, which was fired at the fleeingvictim.
Defendant did not preserve his claim that the court based his sentence on any impropercriteria, and we decline to review it in the interest of justice. As an alternative holding, we find itunsupported by the record. We perceive no basis for reducing the sentence.Concur—Gonzalez, P.J., Tom, Sweeny and Catterson, JJ.