People v. Bryant
| Decision Date | 23 January 2007 |
| Docket Number | 31. |
| Citation | 36 A.D.3d 517,2007 NY Slip Op 00400,828 N.Y.S.2d 360 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BRYANT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Defendant's challenges to the sufficiency of the evidence are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the verdict was supported by legally sufficient evidence. We further find that the verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. The attempted robbery charges were established by evidence that defendant and an accomplice demanded, at gunpoint, a large sum of money that they believed the victim possessed. When the victim revealed that the money was gone, defendant shot him in the head at close range and left him lying unconscious on the floor, thereby evincing an intent to kill (see e.g. People v Holmes, 260 AD2d 942 [1999], lv denied 93 NY2d 1020 [1999]). The fact that defendant fired only one shot does not warrant a different conclusion.
Defendant's arguments concerning the People's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]).
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