| People v Ramos |
| 2011 NY Slip Op 00400 [80 AD3d 716] |
| January 18, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v LuisRamos, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea Bruffee, andKirkland & Ellis, LLP [Courtney Patrick Mitchell], of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.),rendered April 22, 2009, convicting him of manslaughter in the first degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes,60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt ofmanslaughter in the first degree (see Penal Law § 125.20 [1]) beyond a reasonabledoubt. The defendant's intent to cause serious physical injury (see Penal Law § 10.00[10]) may be inferred from his conduct and the surrounding circumstances (see People vBracey, 41 NY2d 296, 303 [1977]; People v Spurgeon, 63 AD3d 863 [2009]; People v Gumbs, 58 AD3d 641[2009]). Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that theverdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
The sentence imposed was not excessive (see CPL 470.15 [2] [c]; [6] [b]; 470.20 [6];People v Thompson, 60 NY2d 513, 519 [1983]; People v Suitte, 90 AD2d 80[1982]). Dillon, J.P., Balkin, Leventhal and Chambers, JJ., concur.